Dan Tysver is a patent attorney focusing primarily on the areas of computer hardware and software, mobile devices, and consumer electronics. Dan is a graduate of Carleton College and Harvard Law School.
Clients hire Dan to develop and implement an overall strategy for patent protection. Whether you are a Fortune 100 company looking for more guidance as you reconsider your approach to patents, or you are a start-up company looking to protect an idea before revealing it to the world, Dan can help. In addition to drafting patent applications on your invention, Dan will help you identify inventions in new products, and work with you to help determine which inventions are worthy of a patent application. If you have an existing patent portfolio, Dan can help determine which patents may have increased in value, and which patents should be allowed to expire. In most cases, Dan will serve as your primary outside counsel for patent and other intellectual property issues. While Dan does work with clients that already have in-house patent assistance, these situations are relatively rare.
Dan is the author of BitLaw, an award-winning website that provides legal information on intellectual property and the protection of computer “bits.” BitLaw has been one of the leading intellectual property law websites since it debuted in 1996. He is also a chapter author of a college textbook on Internet ethics.
Dan is a frequent lecturer and author on patent, copyright, trademark, and Internet legal issues, having spoken at numerous seminars on intellectual property issues. He has lectured on cloud computing, best practices in patent prosecution, and on statutory subject matter issues at recent Midwest IP Institutes organized by Minnesota CLE. Dan also served for ten years as an adjunct professor of Software and Technology Law at the University of St. Thomas Graduate Programs in Software, and previously served as the adjunct professor of patent law at the University of Minnesota Law School.
Dan has drafted patents covering many different computing technologies, including storage area networks (SANs), file systems, digital rights management, databases, and Internet business processes. He has also drafted patents on non-computer technologies ranging from camera systems and sporting equipment to attachments for clothes hangers.
Dan is frequently requested by his clients to analyze the patents of third parties. These investigations help companies determine how to respond to a competitor’s patent. Typically, an opinion is reached indicating that a license to the patent should be taken, that the client’s product should be altered to avoid infringement, or that the patent is either not infringed or invalid. Dan has also served as a legal expert witness, in which his role is to assist the court in interpreting patent law and patent prosecution practice.
Recently, Dan has been the primary patent attorney in a patent validity challenge under the Covered Business Method (CBM) review process of the U.S. Patent and Trademark Office. By working closely with litigation attorneys, Dan helped ensure that the patent (U.S. Patent No. 8,311,945) emerged from the CBM proceeding and a review by the Federal Circuit unscathed and still valid.
Degrees: B.A. Carleton College, 1986 (Physics, Magna Cum Laude).
J.D. Harvard Law School, 1990 (Cum Laude)
Admissions: Minnesota (1991), Massachusetts (1991), U.S. Patent and Trademark Office (1991)
Teaching: Adjunct Professor of Patent Law, University of Minnesota Law School, 1997-1999; Adjunct Professor of Software and Technology Law, University of St. Thomas, Graduate Programs in Software, 2000-2009.
Memberships: Minnesota State Bar Association, Computer and Technology Law Section (1996-Present, Section Council, past chair); Minnesota State Bar Association, Internet Law Committee (1996-2002, past chair).
Speeches: Dan has spoken at dozens of seminars on patent and Internet legal issues. Dan has lectured at the Midwest IP Law Institute on the topics of “IP and Business Issues in Cloud Computing,” “Best Practices for Patent Drafting,” and “Best Practices After Bilski.” Most recently, Dan has lectured for the Computer and Technology Law Section of the Minnesota State Bar Association on the patentability of software after recent Supreme Court decisions.
Practice Areas: Consumer Electronics, Computer Hardware and Software, Data Storage, Data Networking, Medical Devices, and Mechanical Inventions.