Patent litigation attorney

Dan L. Bagatell

7 tracked appearances — 3 plaintiff · 4 defendant.

Specialty & background

Dan L. Bagatell is a patent appellate specialist at Perkins Coie, where he chairs the firm-wide Federal Circuit Patent Appeals practice. Chambers USA ranks him Band 1 nationwide for Intellectual Property: Appellate and describes him as handling complex Federal Circuit patent appeals for hi-tech and pharmaceutical clients; the firm's IAM Patent 1000 recognition lists him in the Federal Circuit category and as a national IP strategist, and the firm's own bio credits him with well over 100 Federal Circuit appeals. The technology mix reflected in his tracked matters and published case list is broad rather than vertically specialized: mobile advertising and content delivery, search and 3D graphics, semiconductors, digital audio and playlisting, online gaming/geolocation, and mechanical/consumer products (bicycle rear suspensions, artificial-flame candles), plus amicus work on Wi-Fi standard-essential-patent damages.

His practice is predominantly operating-company defense work against NPE-style patent holders, notwithstanding a 4-defendant / 3-plaintiff split in the tracked data. The "plaintiff"-captioned appearances are Google's IPR appeals challenging patents asserted by Wildseed Mobile and Personal Audio — defensive invalidity work for a large operating company, not patent-owner enforcement — and the remaining tracked matters include representation of DraftKings as a defendant in a gaming-patent suit. Nothing in the record reviewed shows him prosecuting infringement claims for NPEs/PAEs. Most of his tracked patent work sits at the appellate stage of PTAB proceedings: he argued both Google/Wildseed Federal Circuit IPR appeals, argued for Google in Personal Audio, LLC v. Google LLC, and Perkins Coie appeared for AG 18 in DK Crown Holdings Inc. v. AG 18, LLC. PTAB/IPR experience is therefore substantial, but as appellate counsel rather than as first-chair petitioner or patent-owner counsel before the Board.

Firm history is Perkins Coie, now operating under the Ashurst Perkins Coie branding in the U.S. (his State Bar of California listing and the firm's website both use "Ashurst Perkins Coie"); he has been with the firm since at least 2009, when Law360 profiled him as a Perkins Coie partner in Phoenix and co-chair of its appellate group, and he is now listed in Washington, D.C. and Hanover, New Hampshire. Earlier career details beyond public-service clerkships are not well sourced.

Notable tracked results: in Wildseed Mobile, LLC v. Google LLC, No. 24-1846 (Fed. Cir. Apr. 30, 2026), he argued for Google and the court affirmed the Board's obviousness holdings on most challenged claims of the '414 advertising patent; in the companion Google LLC v. Wildseed Mobile, LLC, No. 24-2178 (Fed. Cir. Feb. 13, 2026), he again argued for Google and obtained vacatur and remand of the Board's lone surviving claim. He argued for Google in Personal Audio, LLC v. Google LLC, No. 24-1020 (Fed. Cir. June 4, 2025), which was affirmed under Rule 36. In DK Crown Holdings Inc. v. AG 18, LLC, No. 24-2078 (Fed. Cir. May 6, 2026), the Board's finding that DraftKings failed to prove one claim of AG 18's location-based gaming patent unpatentable was affirmed (argued by Perkins Coie's Jonathan Tietz). His firm bio also credits him with Federal Circuit wins in Triton Tech v. Nintendo, MasterObjects v. Google, Luminara v. Liown, Monolithic Power Systems v. O2 Micro (affirming a § 285 fee award), and STC.UNM v. Intel, and he states in a 2009 Law360 Q&A that he worked on the Supreme Court merits brief in Pfaff v. Wells Electronics, 525 U.S. 55 (1998).

Bar/education (firm-published): J.D., Stanford Law School, 1991 (with distinction, Order of the Coif); B.A. economics, Yale University, 1986. Admitted in the District of Columbia, California, and New Hampshire (Arizona also reported by Super Lawyers), and admitted to the U.S. Supreme Court and the First, Fifth, Ninth, and Federal Circuits; he clerked for Judge Edward Becker of the Third Circuit and in the U.S. Department of Justice Office of the Solicitor General.

Firms

Roles

  • lead counsel3
  • appellate counsel2
  • Lead Counsel1
  • appellant counsel1

Cases (7)