David P. Fitzgibbon

David Fitzgibbon

Overview

David Fitzgibbon concentrates his practice on intellectual property matters, with a focus on patent litigation. While his early career focused on intellectual property procurement, particularly in chemical and mechanical arts, David has seamlessly transitioned to key roles in litigation-related transactions.

Specializing in 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 start-up 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.

Before joining Stradley Ronon, David served as an associate at another distinguished Philadelphia law firm, where he honed his skills in intellectual property litigation and patent work. A graduate of the Temple University School of Law, David distinguished himself as a Research Editor for the International and Comparative Law Journal during his academic tenure.

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Results

Representative Matters

  • 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 nation and crafted the industry wide defense strategy.
  • Drafted patent applications related to various industrial chemical processes for startup clients.
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Credentials

Bar Admissions
  • Pennsylvania
  • New Jersey
  • U.S. Patent and Trademark Office
Court Admissions
  • U.S. Bankruptcy Court for the Eastern District of Pennsylvania
  • U.S. District Court for the Middle District of Pennsylvania
  • U.S. District Court for the District of New Jersey
Education
  • J.D., Temple University Beasley School of Law
  • B.S., University of Notre Dame
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