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Devin A. Kothari is a partner in the Intellectual Property; Digital Media, Technology & Privacy; Advertising, Marketing & Promotions; and Litigation Practice Groups of Davis & Gilbert. His clients include emerging companies, developers, streaming services, social media platforms, medtech and fintech companies and digital-focused retailers, brands, media houses and agencies. Trained as an engineer, Mr. Kothari is a technologist who deeply immerses himself in his client’s products and platforms and specializes in protecting, commercializing and enforcing their vital intellectual property.

Mr. Kothari’s practice particularly focuses on patent counseling and dispute resolution. His practice spans a wide array of industry sectors, including financial products and cryptocurrency, virtual reality, fashion and consumer goods, electronics, medical devices and supplements. In his transactional practice, Mr. Kothari routinely assists clients with choosing appropriate forms of intellectual property protection and patent prosecution strategies, provides patentability, freedom to operate and invalidity opinions and negotiates complex patent licenses. He also commonly advises on holistic approaches to managing patent infringement risk and litigates design and utility patent cases. His litigation practice includes the cost-efficient resolution of “non-practicing entity” or “patent troll” claims as well as competitor disputes in federal court and before the USPTO Patent Trial and Appeal Board.

Mr. Kothari also has an active computing and digital media practice, with extensive experience reviewing computer architecture and source code. His depth of experience with website design and development, digital watermarking, network security, computer hardware and other related technologies allows Mr. Kothari to advise on the use of open source software and privacy and data security compliance issues. It has also given him the tools to lead software-forward corporate transactions and effectively draft and negotiate and all manner of technology agreements. Mr. Kothari’s computer technology experience further includes litigating software trade secret, copyright and patent cases, including experience applying the abstraction-filtration comparison test and litigating the patentability of software and business methods.

Before joining Davis & Gilbert, Mr. Kothari was a patent and intellectual property attorney at Skadden, Arps, Slate, Meagher & Flom LLP. While there, Mr. Kothari drafted a U.S. Supreme Court amicus curiae brief on behalf of the American Bar Association in the Teva v. Sandoz case. Prior to law school, Mr. Kothari worked as an environmental engineer, both for a private engineering firm and as a Fellow at the Environmental Protection Agency.

REPRESENTATIVE ENGAGEMENTS

Patent & Technology Counseling

  • Representing a leading advertising agency holding company on a network-wide policy for identifying and managing patent infringement risk.
  • Representing a leading fashion technology provider in connection with a freedom to operate and invalidity opinion concerning competitor patents.
  • Representing a leading cryptocurrency startup on the protection of its intellectual property, including trade secret, copyright and patent protection for its software.
  • Representing a leading advertising technology company on its intellectual property program and open source compliance regime.
  • Representing a leading digital agency on technology standardization, freedom to operate and patent portfolio licensing for digital watermarking patents.
  • Representing a leading foreign investor on investments in technologies covered by semiconductor manufacturing patents.

Patent and Technology Litigation

  • Represented a major obstacle course racing company in a patent infringement suit involving building technologies in the Northern District of Georgia. Defeated preliminary injunction and successfully dismissed case via motion to dismiss.
  • Represented a number of website development firms in disputes over patent troll claims concerning website development and design patents in the District of Delaware. All claims dismissed by plaintiff.
  • Represented a leading advertising agency in a patent infringement suit involving renewable energy technologies in the Central District of California and before the PTAB. All patent claims dismissed and case stayed pending resolution of inter partes review.
  • Represented a leading video game studio in a high-profile trade secret misappropriation, copyright infringement and Lanham Act suit involving source code and virtual reality technologies in the Northern District of Texas. Jury awarded $500 million in damages. (This matter was handled at a previous firm.)

PUBLICATIONS

Co-Author, “Patent Troll Suits Down, Not Out in 2018,” Trends in Marketing Communications Law (6th Edition), 2019

Co-Author, "Supreme Court Seeks to Curb the Worst Abuses of the Patent System," Trends in Marketing Communications Law (5th Edition), 2018

Co-Author, "Trouble in Patent Troll Paradise?" Intellectual Property Magazine, August 2017

Co-Author, "The Days of Patent Plaintiff Forum Shopping May be Over," D&G Intellectual Property Litigation Alert, May 2017

Co-Author, "Patent Troll Cases Unlikely To Drop Significantly," Trends in Marketing Communications Law (4th Edition), 2017

Co-Author, "U.S. Supreme Court Sets the Bar Higher for Obtaining Damages for Design Patent Infringement," D&G Intellectual Property Litigation Alert, December 2016

Co-Author, "Legally Speaking: How to Stay Out of Real-Time Marketing Hot Water," cmo.com, May 11, 2016

Co-Author, "New York Ethics Commission’s Proposed Regulation Draws Fire From Public Relations," D&G Advertising, Marketing & Promotions Alert, February 2016

PROFESSIONAL MEMBERSHIPS/AFFILIATIONS

American Bar Association
American Intellectual Property Association, Electronic & Computer Law, Emerging Technologies, Trade Secret, M&A Committees
New York State Bar Association
New York City Bar Association
New York Intellectual Property Law Association, Patent Litigation, Internet & Privacy Law, Legislation Committees

BAR ADMISSIONS

New York
U.S. District Courts, Southern and Eastern Districts of New York

EDUCATION

Columbia University School of Law, J.D., 2010
University of Pennsylvania, B.A. and B.A.S., 2007


REPRESENTATIVE ENGAGEMENTS

Patent & Technology Counseling

  • Representing a leading advertising agency holding company on a network-wide policy for identifying and managing patent infringement risk.
  • Representing a leading fashion technology provider in connection with a freedom to operate and invalidity opinion concerning competitor patents.
  • Representing a leading cryptocurrency startup on the protection of its intellectual property, including trade secret, copyright and patent protection for its software.
  • Representing a leading advertising technology company on its intellectual property program and open source compliance regime.
  • Representing a leading digital agency on technology standardization, freedom to operate and patent portfolio licensing for digital watermarking patents.
  • Representing a leading foreign investor on investments in technologies covered by semiconductor manufacturing patents.

Patent and Technology Litigation

  • Represented a major obstacle course racing company in a patent infringement suit involving building technologies in the Northern District of Georgia. Defeated preliminary injunction and successfully dismissed case via motion to dismiss.
  • Represented a number of website development firms in disputes over patent troll claims concerning website development and design patents in the District of Delaware. All claims dismissed by plaintiff.
  • Represented a leading advertising agency in a patent infringement suit involving renewable energy technologies in the Central District of California and before the PTAB. All patent claims dismissed and case stayed pending resolution of inter partes review.
  • Represented a leading video game studio in a high-profile trade secret misappropriation, copyright infringement and Lanham Act suit involving source code and virtual reality technologies in the Northern District of Texas. Jury awarded $500 million in damages. (This matter was handled at a previous firm.)

PUBLICATIONS

Co-Author, “Patent Troll Suits Down, Not Out in 2018,” Trends in Marketing Communications Law (6th Edition), 2019

Co-Author, "Supreme Court Seeks to Curb the Worst Abuses of the Patent System," Trends in Marketing Communications Law (5th Edition), 2018

Co-Author, "Trouble in Patent Troll Paradise?" Intellectual Property Magazine, August 2017

Co-Author, "The Days of Patent Plaintiff Forum Shopping May be Over," D&G Intellectual Property Litigation Alert, May 2017

Co-Author, "Patent Troll Cases Unlikely To Drop Significantly," Trends in Marketing Communications Law (4th Edition), 2017

Co-Author, "U.S. Supreme Court Sets the Bar Higher for Obtaining Damages for Design Patent Infringement," D&G Intellectual Property Litigation Alert, December 2016

Co-Author, "Legally Speaking: How to Stay Out of Real-Time Marketing Hot Water," cmo.com, May 11, 2016

Co-Author, "New York Ethics Commission’s Proposed Regulation Draws Fire From Public Relations," D&G Advertising, Marketing & Promotions Alert, February 2016

PROFESSIONAL MEMBERSHIPS/AFFILIATIONS

American Bar Association
American Intellectual Property Association, Electronic & Computer Law, Emerging Technologies, Trade Secret, M&A Committees
New York State Bar Association
New York City Bar Association
New York Intellectual Property Law Association, Patent Litigation, Internet & Privacy Law, Legislation Committees

BAR ADMISSIONS

New York
U.S. District Courts, Southern and Eastern Districts of New York

EDUCATION

Columbia University School of Law, J.D., 2010
University of Pennsylvania, B.A. and B.A.S., 2007