Attorney Daniel Fletcher Olejko's Legal Cases

Appeals

Noble v. National Association of Letter Carriers (D.C. Cir. 2024)

May 28, 2024

OUTCOME: Reversed and remanded

Successfully briefed and argued appeal of district court’s dismissal of a complaint brought by a union presidential candidate under 29 U.S.C. § 481(c), where, in a precedential decision, Noble v. Nat’l ... Assoc. of Letter Carriers, 103 F.4th 45 (D.C. Cir. 2024), the D.C. Circuit agreed with the candidate that the district court incorrectly ruled that the candidate’s request to place ads in the union’s publication was beyond the text of the statute and unreasonable as a matter of law.

Copyright infringement

Bobby Goldstein Productions, Inc. v. Habeeb, et al., No. 3:21-cv-01924-G (N.D. Tex.)

Oct 27, 2022

OUTCOME: A jury awarded the copyright holder $390,000 in damages plus pre- and post-judgment interest. The Court later awarded over $850,000 for attorney's fees and costs.

Represented a copyright holder in an action for copyright infringement against a reality television host and his company.

Appeals

United States ex rel. Foreman v. AECOM, 19 F.4th 85 (2d Cir. 2021)

Nov 19, 2021

OUTCOME: Reversed in part and remanded

Successfully briefed and argued appeal of district court’s dismissal of a whistleblower complaint under the False Claims Act, where, in a precedential decision, United States ex rel. Foreman v. AECOM, ... 19 F.4th 85 (2d Cir. 2021), the Second Circuit agreed that the district court improperly based its dismissal of the Relator’s allegations for lack of materiality under Escobar on only extrinsic evidence.

Class action

Brigida v. Valk d/b/a Platinum Construction, No. 3:18-cv-01443-S (N.D. Tex.)

Oct 12, 2020

OUTCOME: Settlement

Represented over 90 construction workers in collective action against former employers for failure to comply with the Fair Labor Standards Act.

Patent infringement

AU Optronics Corp. America v. Vista Peak Ventures, LLC, No. 3:18-cv-04638-SK (N.D. Cal.)

Feb 19, 2019

OUTCOME: The Court granted Vista Peak Venture’s motion to dismiss for lack of personal jurisdiction.

Successfully briefed and argued for dismissal of declaratory judgment action for noninfringement, no willful infringement, and equitable estoppel.

Appeals

Securus Techs., Inc. v. Global Tel*Link Corp., Nos. 16-1992, -1993 (Fed. Cir. filed May 4, 2016)

Apr 25, 2017

OUTCOME: Vacated and remanded in part

Represented appellant in adverse decisions by Patent Trial and Appeal Board, which found 36 claims of patent were obvious. Successfully argued to the Federal Circuit that the Board's decision should be ... vacated with respect to 13 claims.

Patent infringement

HSM Portfolio LLC, et al. v. Elpida Memory, Inc., et al., No. 1:11-cv-00770 (D. Del. filed Sept. 1, 2011)

Mar 15, 2016

OUTCOME: Settlement

Prosecuted patent infringement claims against 18 major semiconductor manufacturers.

Appeals

LG Elecs., Inc., et al. v. Wi-LAN USA, Inc., et al. No. 14-3035 (2d Cir. filed Aug. 20, 2014)

Sep 10, 2015

OUTCOME: Affirmed

Represented appellee in appeal from district court's judgment denying injunctive relief and granting motion to compel arbitration of licensing dispute. Successfully argued to the Second Circuit that th ... e district court's decision should be affirmed because appellee did not waive right to arbitration or engage in claim splitting.

Appeals

In re Vistaprint Ltd., Misc. No. 10-954 (Fed. Cir. filed Aug. 10, 2010)

Dec 15, 2010

OUTCOME: Petition for writ of mandamus denied

Represented respondent in mandamus proceeding concerning a district court's denial of a motion to transfer venue under 28 U.S.C. s. 1404(a). Successfully argued that the Federal Circuit should deny the ... petition for writ of mandamus based on concerns of judicial economy.

Daniel Fletcher Olejko's Legal Cases (9)

Noble v. National Association of Letter Carriers (D.C. Cir. 2024)

Bobby Goldstein Productions, Inc. v. Habeeb, et al., No. 3:21-cv-01924-G (N.D. Tex.)

United States ex rel. Foreman v. AECOM, 19 F.4th 85 (2d Cir. 2021)

Brigida v. Valk d/b/a Platinum Construction, No. 3:18-cv-01443-S (N.D. Tex.)

AU Optronics Corp. America v. Vista Peak Ventures, LLC, No. 3:18-cv-04638-SK (N.D. Cal.)

Securus Techs., Inc. v. Global Tel*Link Corp., Nos. 16-1992, -1993 (Fed. Cir. filed May 4, 2016)

HSM Portfolio LLC, et al. v. Elpida Memory, Inc., et al., No. 1:11-cv-00770 (D. Del. filed Sept. 1, 2011)

LG Elecs., Inc., et al. v. Wi-LAN USA, Inc., et al. No. 14-3035 (2d Cir. filed Aug. 20, 2014)

In re Vistaprint Ltd., Misc. No. 10-954 (Fed. Cir. filed Aug. 10, 2010)