In-depth reporting and analytical commentary on intellectual property disputes and debates. No legal advice.

Daniel

Attorneys-at-law· Patent attorneys

22 SEP Litigators

 Brazil

Firm Website

Short self-description

DANIEL is a leading Brazilian technology and intellectual property law firm with over 65 years of experience in all areas of IP, from patent prosecution to complex litigation. For more than 20 years, DANIEL’s litigation and prosecution teams have been advising clients on SEP matters.

Main practice areas: IP law (including trademark, patent, copyright, trade dress and unfair competition) dispute resolution, contract law, advertising law, data protection, regulatory law.

Industry/technology focus: mechanical engineering; physics and general engineering; electrical engineering; electronics; information and communication technology; computer software, artificial intelligence and machine learning, blockchain and web3; virtual and augmented reality; automotive; aerospace; green tech and sustainable technologies; optics, optoelectronics and laser technology; food technology (thermodynamics etc. related to food production); material science; chemistry; pharmaceutics; life sciences including biotech in human, veterinary and agricultural fields; medical devices and e-health.

SEP-related services: advice on FRAND negotiations for SEP holders; advice on FRAND negotiations for implementers; SEP enforcement; defense against SEP infringement claims; bring revocation claims against SEPs (including EPO opposition, PTAB, etc.); SEP prosecution and defense against revocation claims targeting SEPs; Defense against antitrust-based FRAND claims; bring contract-based FRAND claims; defense against contract-based FRAND claims; defense against antisuit injunction and interim license motions; defense against anti-antisuit injunction motions.

Rankings and awards

  • 2025 – IAM Strategy 300 Global Leaders – All individuals, Brazil: Kene Gallois, Roberto Ribeiro, and Gustavo Hirsch.
  • 2025 – IAM Patent 1000: Silver.
  • 2025 – IAM Patent 1000 – Individuals, Litigation – Bronze: Carina Rodrigues and Vivian Kunisawa.
  • 2025 – IAM Patent 1000 – Individuals, Prosecution – Bronze: Diego Dos Santos Netto, Kene Gallois, Gustavo Sartori.
  • 2025 – The Legal 500 – Intellectual property, Tier 2.
  • 2025 – Chambers Global and Chambers Brazil – Intellectual property – Patent, Brazil – Contentious – Band 4.
  • 2025 – Leaders League: Patents, Litigation: Leading.
  • 2025 – Chambers Global e Chambers Brazil – Intellectual Property: Band 4.
  • 2025 – Leaders League – Patent litigation: Leading.
  • 2024 – IAM Strategy 300 Global Leaders – All individuals, Brazil: Kene Gallois, Roberto Ribeiro, and Gustavo Hirsch.
  • 2024 – IAM Patent 1000: Silver.
  • 2024 – The Legal 500 – Intellectual property, Tier 2.
  • 2024 – IP Star and MIP: Patent Star: Rana Gosain.
  • 2024 – Chambers Global e Chambers Brazil – Intellectual Property – Patent and Contentious: Band 3.
  • 2024 – Leaders League – Patent litigation: Leading.
  • 2024 – IP Star and MIP: Top firm of the year, Brazil. Rana Gosain – Patent Star 2024. Patent contentious: Tier 2 / Patent prosecution: Tier 2.
  • 2023 – IAM Strategy 300 Global Leaders – All individuals, Brazil: Kene Gallois and Roberto Ribeiro.
  • 2023 – IAM Patent 1000: Silver.
  • 2023 – The Legal 500 – Intellectual property, Tier 2.
  • 2023 – Chambers Global e Chambers Brazil – Intellectual Property: Band 3.
  • 2023 – Leaders League – Patent litigation: Leading.
  • 2023 – IP Star and MIP: Top firm of the year, Brazil. Rana Gosain – Patent Star 2023 and Kene Gallois – Notable practitioner. Patent contentious: Tier 2 / Patent prosecution: Tier 2.
  • 2022 – IAM Strategy 300 Global Leaders – All individuals, Brazil: Kene Gallois and Roberto Ribeiro.
  • 2022 – IAM Patent 1000: Silver.
  • 2022- The Legal 500 – Intellectual property, Tier 2.
  • 2022 – Chambers Global e Chambers Brazil – Intellectual Property: Band 3.
  • 2022 – Leaders League – Patent litigation: Leading.
  • 2022 – IP Star and MIP: Top firm of the year, Brazil. Rana Gosain – Patent Star 2022 and Kene Gallois – Notable practitioner. Patent contentious: Tier 2 / Patent prosecution: Tier 2.
  • 2021 – IAM Strategy 300 Global Leaders – All individuals, Brazil: Kene Gallois and Roberto Ribeiro.
  • 2021- IAM Patent 1000: Silver.
  • 2021 – The Legal 500 – Intellectual property, Tier 2.
  • 2021 – Chambers Global e Chambers Brazil – Intellectual Property: Band 3.
  • 2021 – Leaders League – Patent litigation: Excellent.
  • 2021 – IP Star and MIP: Top firm of the year, Brazil. Rana Gosain – Patent Star 2021 and Kene Gallois – Notable practitioner. Patent contentious: Tier 2 / Patent prosecution: Tier 2.
  • 2020 – IAM Patent 1000: Silver.
  • 2020 – The Legal 500 – Intellectual property, Tier 2.
  • 2020 – Chambers Global e Chambers Brazil – Intellectual Property: Band 3.
  • 2020 – Leaders League – Patent litigation: Excellent.
  • 2020 – IP Star and MIP – Patent contentious: Tier 2 / Patent prosecution: Tier 2.
  • 2019 – IAM Patent 1000: Silver.
  • 2019 – The Legal 500 – Intellectual property, Tier 2.
  • 2019 – Chambers Global e Chambers Brazil – Intellectual Property: Band 4.
  • 2019 – Leaders League – Patent litigation: Excellent.
  • 2019 – IP Star and MIP – Patent contentious: Tier 3 / Patent prosecution: Tier 2.

SEP achievements

Defended SEP/FRAND wins on appeal

  • Philips v. Semp Toshiba (October 4, 2023 – Enlarged Panel of the Superior Court of Justice, original decisions by the 1st Civil Court of Sao Paulo reversed by the Sao Paulo Court of Appeal, special appeal partly allowed by the 3rd Chamber of the Superior Court of Justice).

Overturned first-instance final judgments or provisional measures decisions
on appeal

  • Philips v. Semp Toshiba (February 11, 2014 – São Paulo Court of Appeal, setting aside the final decision on the merits rendered by the 1st Civil Court of Sao Paulo that had rejected Philips’ infringement claim on invalidity grounds).

Won permanent SEP injunctions

  • Philips v. Semp Toshiba (February 11, 2014 – São Paulo Court of Appeal, upheld by the Enlarged Panel of the Superior Court of Appeal on October 4, 2023).

Won preliminary SEP injunctions

  • WSOU v. ZTE Corp (November 10, 2020 – 4th Business Court of Rio de Janeiro, preliminary injunction order for WSOU).
  • DivX v. Netflix (November 4, 2020 – 5th Business Court of Rio de Janeiro, preliminary injunction order for DivX).

Defended against motions for preliminary SEP injunction

  • Vringo v. ZTE Corp (April 15, 2014 – 5th Business Court of Rio de Janeiro, preliminary injunction order for Vringo).

Defended SEPs against invalidity contentions (not UPC-related)

  • Philips v. Semp Toshiba (October 4, 2023 – Enlarged Panel of the Superior Court of Justice, ruling that invalidity claims filed after the infringement claim cannot suspend the latter, original decisions by the 1st Civil Court of Sao Paulo reversed by the Sao Paulo Court of Appeal, reversed by the 3rd Chamber of the Superior Court of Justice).

Won technical infringement rulings over SEPs

  • Philips v. Semp Toshiba (1st Civil Court of Sao Paulo, technical examination on June 16, 2006).

Other SEP-related achievements

  • LG Electronics v. INPI (September 28, 2023 – 31st Federal Court of Rio de Janeiro, final decision on the merits ordering the PTO to allow LG’s patent application PI0815158-0).
  • WSOU Investments v. INPI (October 13, 2020 – 25th Federal Court of Rio de Janeiro, recordal published on the same date).