David Fitzgibbon concentrates his practice on intellectual property matters, with a focus on patent litigation. With a particular emphasis on drafting and procuring patents, David excels in counseling clients on the nuanced scope and significance of their intellectual property rights. His skills further extend to negotiating technology-related agreements on behalf of clients, merging his comprehensive understanding of both law and business.
David has also had significant involvement in providing intellectual property advice to startup companies. He has been instrumental in guiding clients through the complexities of patenting and commercializing inventions owned by startups and not-for-profit institutions. His adept analyses of patent issues further underscore his commitment to delivering strategic and informed legal counsel to all clients.
While his early career focused on intellectual property procurement, particularly in chemical and mechanical arts, David has seamlessly transitioned to key roles in patent-litigation-related matters.
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Represented Fountain Life, an advanced diagnostics and preventative health company, in its acquisition of LifeOmic.
Represented Pronto Repairs Inc. in an acquisition by Tech24, a portfolio company of HCI Equity Partners.
Successfully litigated cases involving trademark infringement for an emerging hotel brand.
Prepared freedom-to-operate opinions including analysis of utility patent, design patent, and trade dress rights along with invalidity opinions, and advised clients as to opportunities in various industries.
Drafted and negotiated contracts, including intellectual property protective agreements, patent and trademark licenses and assignments, software licenses, data sharing agreements, nondisclosure agreements, trademark coexistence agreements, corporate partnering agreements, consulting agreements, joint development agreements, and settlement agreements in various industries.
Provided trademark clearance opinions and counseling on strategies for brand development in the food service industry.
Successfully identified patents, prior to issuance, that an applicant intended to assert against the largest mushroom producers in the United States and crafted the industry-wide defense strategy.
Drafted patent applications related to various industrial chemical processes for startup clients.
