Daniel Scardino

Mr. Scardino began his legal career in the corporate mergers and acquisitions practice group of a large law firm, where he focused on intellectual property transactions and recognized the value of intangible assets.

After years structuring and successfully negotiating intellectual property transactions with universities, foundations, the federal government, traditional and digital music companies, and interactive media and technology companies, Mr. Scardino became involved in various lawsuits related to intellectual property assets, including music publishing and royalty disputes and unfair competition and trademark disputes. He also worked on cases involving First Amendment issues, defending his clients against allegations of defamation and libel.

A turning point came when Mr. Scardino successfully represented a small, Austin-based manufacturer of rock climbing and fall protection equipment in a trademark and patent infringement lawsuit against its former exclusive distribution partner, who had knocked off his client’s products and used his client’s brand name to push the knock-offs through the same distribution channels. A favorable settlement in that case saved his client’s business, which continues to grow and prosper today.

Although the lessons learned from his early transactional practice remain invaluable to understanding his client’s goals and how to achieve them, success in the courtroom ultimately led Mr. Scardino to devote his practice full time to federal court intellectual property and First Amendment litigation. Mr. Scardino has secured damages recoveries for his clients in excess of $100 million. He has also defended news and media organizations and small companies against allegations of defamation and infringement.

Today, Mr. Scardino represents clients in the communications, software, media, music, entertainment, interactive technology and gaming industries in a variety of commercial disputes and intellectual property related matters, including the identification, protection and acquisition of intangible assets, joint development agreements, high stakes litigation and complex licensing and cross-licensing transactions. He maintains an active federal court case docket with cases pending in federal courts in Texas, Delaware, Georgia, California, and Puerto Rico.

Mr. Scardino has represented both plaintiffs and defendants and has worked with clients and counsel to develop and conduct an effective strategy to bring contested matters to a successful conclusion. He is an effective courtroom advocate, having litigated numerous patent, copyright, trademark, trade secret and defamation cases.

In 2014, Mr. Scardino and the intellectual property litigation team at R&S achieved two of the top five intellectual property jury verdicts in Texas.

Mr. Scardino earned his juris doctorate from Tulane University Law School after graduating from Emory University.

Mr. Scardino is a member of the State Bar of Texas and is admitted to practice before the United States District Courts for the Northern, Southern, Eastern, and Western Districts of Texas, the United States Court of Appeals for the Fifth Circuit, the United States Court of Appeals for the Federal Circuit, and the United States Supreme Court.

• Lead counsel in multi-jurisdictional patent infringement lawsuits related to FCC recognized “pioneering” wireless data communications technology developed at SkyTel (aka Mobile Telecommunication Technologies). Result: Favorable jury verdict against Apple and numerous licenses and settlements with others before trial.
• Representation of Herndon, Virginia-based interactive media company in connection with the conception and deployment of a licensing program for company’s wide-ranging legacy telecommunications patent portfolio. Result: Industry-wide recognition of foundational technology through pretrial negotiation of licenses and cross-licenses and a favorable jury verdict against infringer.
• Lead defense counsel in patent infringement lawsuit related to software registration technology.       Result: After analyzing claims and presenting plaintiff’s counsel with multiple flaws in infringement theory, negotiated favorable exit early in the case, before substantial costs were incurred by client.
• Representation of author against Estate of JRR Tolkien in right of publicity, trademark and copyright dispute.
• Lead counsel in representation of original petitioner of the FCC for allocation of wireless spectrum for interactive video and data services.
• Representation of film producer and writer in connection with pre-production development and production of feature length film, including securing casting of Greta Gerwig and Iggy Pop, and post- production licensing and distribution negotiations.
• Lead counsel in patent infringement litigation in District Court of Delaware related to interactive television technology.
• Negotiation of synchronization and performance licenses for promoter of long-running music festival.Utilized litigation and non-litigation strategies in representing fall safety technology innovator in trademark and patent infringement action to recoup lost profits and market share from former distributor and resellers who produced and sold knock-offs through the same distribution channels.
• Negotiation of music publishing and license agreement in litigious copyright dispute between former manager and family of Texas songwriter Townes Van Zandt over live recordings.
• Negotiation of joint development agreement with federal agency and private company for oil and gas exploration mapping technology.
• Negotiation of promotion agreement and trademark license between nationally celebrated diet book author and publically-traded natural and organic grocery store chain.
• Management of US and international trademark registration dockets for several high profile brands and companies.

• “Keyword Search Advertising: Whose Name Is It Anyway?” in Communications Lawyer, Volume 25, Number 2, Summer 2007.
• “Extra! Extra! Vanessa Leggett Serves Maximum Jail Time, First Amendment-Based Reporter’s Privilege Under Siege” in Communications Lawyer, Volume 19, Number 4, Winter 2002 cited in New York Times v. Gonzales, 04 Civ. 7677, n.16 (RWS) (S.D.N.Y. January 25, 2005).
• “Derivative Works, Compilations, and Joint Works” in E-Copyright Law Handbook (Aspen 2002).
• “Liberty and Defamation” in Communications Lawyer, Volume 20, Number 3, Fall 2002.
• “The Reporter’s Privilege in Texas” published by the Reporter’s Committee for Freedom of the Press.
• “Recent Developments in Media Law and Defamation Torts” in Torts, Trial and Insurance Practice Section Survey of the American Bar Association, Winter 2003.
• “SLAPP-Happy: Media Defendants Beware, Anti-SLAPP Statutes Might Not Be Something to Smile About” in Media, Privacy and Defamation Law Committee Newsletter, Fall 2004.
• “Talking To The Press and Making Them Listen” in Litigation, Volume 31, Number 2, Winter 2005.
• “The Secret Double Life of the Reporter’s Privilege” in Media, Privacy and Defamation Law Committee Newsletter, Spring 2005.

Call Daniel at 512.615.5990 or email him directly using the form below: