Daniel M. Silver

Daniel M. Silver is a seasoned litigation and trial attorney at McCarter & English, LLP, where he serves as the Wilmington Office Co-Managing Partner and a member of the firm's Executive Committee. His practice primarily focuses on intellectual property litigation, with a significant emphasis on the pharmaceutical industry. He is particularly noted for representing innovator clients as plaintiffs in Hatch-Waxman and Biologics Price Competition and Innovation Act (BPCIA) litigation. Beyond his lead counsel roles, Mr. Silver frequently acts as Delaware counsel for out-of-state law firms in complex litigation matters.

Mr. Silver primarily represents plaintiffs in patent disputes, as demonstrated by his appearance for Astellas Pharma Inc. in Astellas Pharma Inc. et al. v. Various ANDA Filers, a Hatch-Waxman litigation. His representative experience also includes securing a preliminary injunction for a large pharmaceutical company in Hatch-Waxman litigation to prevent the launch of generic products, and successfully resolving multi-defendant Hatch-Waxman litigation for plaintiffs on the eve of trial. While his primary focus is on innovator plaintiffs, he also has experience representing defendants. In addition to pharmaceutical matters, he has represented biotech company ArcherDX in a federal court jury trial for patent litigation.

His experience extends to broader high-stakes litigation, including business and commercial disputes, shareholder disputes, and M&A-related litigation. Mr. Silver has been recognized for his work, including being ranked Band 1 for Intellectual Property in Delaware by Chambers USA in 2024 and 2025, and being listed in IAM Patent 1000 from 2022-2025. Available information does not indicate regular appearances in PTAB or IPR proceedings.

Mr. Silver earned his law degree from Villanova University Charles Widger School of Law. He is admitted to practice in Delaware.