Daniel I. Konieczny



Daniel Konieczny focuses his practice on patent and intellectual property litigation, as well as other complex business and governmental disputes.

Patent and Intellectual Property Litigation

Mr. Konieczny has represented large and small businesses in patent disputes at trial in the United States District Court for the Northern District of Illinois, in other federal district courts, and in the United States Court of Federal Claims.  He also has argued patent disputes on appeal to the United States Court of Appeals for the Federal Circuit.

As a patent attorney, he is licensed to practice before the United States Patent and Trademark Office (“USPTO”), and he has successfully defended patent claims in inter partes review proceedings before the Patent Trial and Appeal Board (“PTAB”) of the USPTO.

Mr. Konieczny also has represented several businesses in trade secret litigation involving the alleged misappropriation of sensitive technology. In addition, he has represented numerous businesses in design patent, trademark, and copyright disputes.

Other Complex Business and Governmental Disputes

Mr. Konieczny also has represented a diverse group of clients from Fortune 500 businesses to individuals in lawsuits involving complex issues in state and local tax, insurance coverage, trusts and estates, employment agreements, professional liability, and other areas.  He has tried cases in Illinois state and federal court, and he has successfully argued appeals in the Illinois Appellate Court.

Representative Experience

In patent and intellectual property law, Mr. Konieczny’s experience includes:

  • Successfully representing the owner of a patent covering motion tracking systems with applications in helmet mounted displays in litigation in the United States Court of Federal Claims, leading to a favorable settlement for the client.
  • Successfully arguing before the Federal Circuit in favor of affirming a decision of the PTAB that upheld the validity of our client’s patent claims.
  • Obtaining an inter partes review decision from the PTAB upholding the validity of our client’s patent claims, which the Federal Circuit affirmed as described above.
  • Successfully arguing before the Federal Circuit to obtain reversal of an adverse ruling against our client based on alleged lack of patentable subject matter under 35 U.S.C. § 101.  The Federal Circuit reversed the ruling in a published opinion in which our client prevailed.
  • Representing the owner of a patent covering intensive-use furniture in ongoing patent infringement and false advertising litigation in the United States District Court for the Northern District of Illinois.
  • Representing a leading software company in ongoing trade secret litigation regarding software for financial analysis.
  • Representing a leading food company in ongoing trade secret litigation in regarding food technology.
  • Protecting the trade secrets and confidential information of a manufacturer of innovative food packaging in a dispute against a Fortune 100 company.  The claims were settled to our client’s satisfaction within six months after we filed the complaint.
  • Successfully representing a privately held media distributor in trademark, unfair competition, copyright infringement and copyright misuse litigation against a major competitor.
  • Successfully representing clients in other patent infringement lawsuits in the Northern District of Illinois and other federal district courts.
  • Successfully representing numerous online retailers in disputes regarding design patents, trademarks, and copyright law.

Mr. Konieczny’s trial and appellate experience also includes:

  • Representing the Regional Transportation Authority before the Illinois Supreme Court in litigation over the appropriate legal test to determine how Illinois sales tax should be assessed.  The Illinois Supreme Court unanimously agreed with our client’s contentions as to how such taxes should be assessed, while ruling that certain regulations promulgated by the Illinois Department of Revenue were invalid.
  • Obtaining dismissal of an Illinois False Claims Act complaint as a matter of law, which alleged that our client failed to collect and remit use tax on shipping and handling charges on Internet sales.
  • Obtaining a favorable judgment at trial for another retailer sued under the Illinois False Claims Act based on allegations that the retailer failed to collect and remit use tax on Internet sales.
  • Representing a Fortune 500 company in a pending lawsuit against numerous insurers involving over $1 billion in potential coverage for asbestos liability.
  • Obtaining judgment in favor of a trustee of several interrelated family trusts following trial on all remaining claims for breach of fiduciary duty, after obtaining dismissal of several other such claims as a matter of law.  The judgment fully exonerated the trustee and confirmed the trustee’s continuing authority to make trust decisions.
  • Obtaining a temporary restraining order against our client’s former employee, who sought to compete in violation of his employment agreement with our client.

Education, Professional Activities, and Recognition

Mr. Konieczny graduated from Harvard Law School in 2001, and he graduated magna cum laude from Princeton University in 1998, where he majored in physics and earned certificates in applied mathematics and public policy.

In conjunction with his partner Gino DiVito, Mr. Konieczny maintains a guide to the Illinois Rules of Evidence, which includes a detailed comparison of the Illinois and Federal Rules of Evidence and extensive commentary on the Illinois and Federal Rules. He also is a co-author of chapters on patent law in a treatise concerning corporate legal compliance and on antitrust litigation in a forthcoming treatise on antitrust and intellectual property.

Mr. Konieczny has been named an Illinois “Rising Star” by his peers in SuperLawyers® Magazine, a distinction reserved for the top 2.5% of Illinois lawyers who are under 40 or in practice for 10 years or less.

He is a member of the trial bar of the United States District Court for the Northern District of Illinois.