David P. Fitzgibbon

David Fitzgibbon


David Fitzgibbon concentrates his practice on intellectual property matters, with a focus on chemical and mechanical arts. He is experienced in drafting and procuring patents, counseling clients regarding the scope and significance of their and others’ patent and IP rights, and negotiating technology-related agreements on behalf of clients.

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Representative Matters

  • 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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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
  • J.D., Temple University Beasley School of Law
  • B.S., University of Notre Dame
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