FacultyFaculty/Author Profile
Daniel M. Silver

Daniel M. Silver

McCarter & English LLP

Wilmington, DE, USA


Dan is a partner in the Intellectual Property/Information Technology and Business Litigation groups, He focuses on intellectual property disputes and has extensive experience prosecuting and defending traditional patent litigation. A pharma specialist, Dan often represents plaintiffs in Hatch-Waxman patent infringement cases. In addition to his IP practice, he litigates complex corporate and commercial disputes including shareholder derivative cases, class actions and antitrust matters.

Dan practices in all Delaware Courts and regularly serves as Delaware counsel. He has first-chaired several bench trials. Recent highlights include serving on the M&E teams that secured shareholder rights for Cigna in Cigna Health and Life Insurance Co. v. Audax Health Solutions Inc. et al. (Delaware Court of Chancery, No. 9405-VCP) and obtained judgment in favor of the plaintiffs following an 8-day bench trial in Pfizer Inc. v. Teva Pharmaceuticals USA, Inc., 882 F. Supp. 2d 643 (D. Del. 2012).

For several years, Dan co-authored the chapter on Corporate Law in Annual Review of Developments in Business and Corporate Litigation, published by the American Bar Association, and the Delaware chapter in A Practitioner's Guide to Class Actions, published by the American Bar Association (2010).

Dan regularly handles pro bono matters. In one such case, he successfully argued that a recently-enacted Delaware statute was unconstitutional as a violation of his client’s right to equal protection. C.M.G. v. L.M.S., CN04–08601, 2009 WL 5697870 (Del. Fam. Ct. Dec. 21, 2009). In another (related) action, Dan was part of a team that obtained complete reversal of the trial court’s post-trial decision in an appeal to the Delaware Supreme Court.Smith v. Gordon, 968 A.2d 1 (Del. 2009).

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