The Innovation Firm

David J. Brody

Practice Areas

Technologies

Education

  • Brown University, Sc.B. in Organic Chemistry, cum laude
  • Yale University, M.S. in Physical Organic Chemistry
  • New York University School of Law, J.D., magna cum laude First in class

Professional Associations

  • American Bar Association, IP Litigation Section
  • Boston Bar Association
  • Boston Patent Law Association, Litigation Section
  • Order of the Coif Honorary Society

David J. Brody

David J. Brody Attorney

David J. Brody

Of Counsel
Concord office
978.341.0036

David's practice focuses on complex business disputes and IP litigation in trial and appellate courts across the country. In addition to patent infringement litigation, David’s practice includes disputes involving trade secret misappropriation, nondisclosure agreements, invention assignment and license agreements, trademark infringement, and unfair competition and other intellectual property disputes. He also has extensive experience in licensing and other IP transfer transactions.

David works with clients ranging from large multi-national corporations and major academic institutions to start-ups and individuals. His clients have been in a wide range of industries, including medical technology, organic chemistry, oil refinery waste remediation, chemical engineering, CT imaging, acoustics, genetic diagnostic testing, telecommunications, plastic chambers for underground conduits, video signal processing, and medical apparatus. 

David holds a chemistry degree from Brown University, a physical organic chemistry master’s degree from Yale University and a law degree from New York University.  For nine years, he has been named to Super Lawyers, which is a rating of outstanding lawyers who have attained a high-degree of peer recognition and professional achievement.

Before joining Hamilton Brook Smith Reynolds, David was with Widett, Slater & Goldman, P.C. and Foley Hoag, both in Boston, and Paul, Weiss, Rifkind, Wharton & Garrison in New York.

Other Publications

  • “Employee Invention Assignment Agreements: Issues in Getting Them Right,” Association of Corporate Counsel Lexology, 2011
  • “Who Really Owns Those Patents that I Thought I Own, or Why I Am Stuck With Just a Royalty on the Sales that My Infringing Competitor Stole from Me,” Boston Business Journal website, 2011

Bar Admissions

  • U.S. Court of Appeals for the Federal Circuit
  • U.S. Court of Appeals for the First Circuit
  • U.S. District Court, District of Massachusetts
  • Massachusetts
  • Various federal trial and appellate courts around the country
    • Negotiated a long-term business relationship between our client, a major genetic diagnostic company, and a research organization under which our client sponsored a research program by the other party to develop the underlying technology for a major new business segment.  The negotiations centered on creating a structure for allocating ownership and other IP rights in the various developments produced by the research program depending on the development's ultimate commercial value.
    • Negotiated a settlement of an alleged infringement claim against a medical device manufacturer that resulted in a cross license of limited scope, thereby removing a cloud over our client's entire business.
    • Negotiated an expansion of a limited field of use license to enable our client to launch a new product line.
  • Mary K. Murray, Ph.D. and Scott Pierce Organize Symposium with Suffolk University Law School to Discuss Critical Changes in Patent Law and Practice – Chief Judge Randall R. Rader Will Participate more
  • “Litigation Issues Under the America Invents Act (AIA),” Suffolk University Law School – Conference Panelist, Boston, MA, 2012
  • “Employee Invention Assignment Agreements," Suffolk University Law School Lecture, Boston, MA, 2012
  • “Owning What You Think You Own: Avoiding Pitfalls in IP Rights and Assignments,” ALM Media CLE Seminar, Stamford, CT, 2011
     
Biography

David's practice focuses on complex business disputes and IP litigation in trial and appellate courts across the country. In addition to patent infringement litigation, David’s practice includes disputes involving trade secret misappropriation, nondisclosure agreements, invention assignment and license agreements, trademark infringement, and unfair competition and other intellectual property disputes. He also has extensive experience in licensing and other IP transfer transactions.

David works with clients ranging from large multi-national corporations and major academic institutions to start-ups and individuals. His clients have been in a wide range of industries, including medical technology, organic chemistry, oil refinery waste remediation, chemical engineering, CT imaging, acoustics, genetic diagnostic testing, telecommunications, plastic chambers for underground conduits, video signal processing, and medical apparatus. 

David holds a chemistry degree from Brown University, a physical organic chemistry master’s degree from Yale University and a law degree from New York University.  For nine years, he has been named to Super Lawyers, which is a rating of outstanding lawyers who have attained a high-degree of peer recognition and professional achievement.

Before joining Hamilton Brook Smith Reynolds, David was with Widett, Slater & Goldman, P.C. and Foley Hoag, both in Boston, and Paul, Weiss, Rifkind, Wharton & Garrison in New York.

Other Publications

  • “Employee Invention Assignment Agreements: Issues in Getting Them Right,” Association of Corporate Counsel Lexology, 2011
  • “Who Really Owns Those Patents that I Thought I Own, or Why I Am Stuck With Just a Royalty on the Sales that My Infringing Competitor Stole from Me,” Boston Business Journal website, 2011
Representative Experience
    • Negotiated a long-term business relationship between our client, a major genetic diagnostic company, and a research organization under which our client sponsored a research program by the other party to develop the underlying technology for a major new business segment.  The negotiations centered on creating a structure for allocating ownership and other IP rights in the various developments produced by the research program depending on the development's ultimate commercial value.
    • Negotiated a settlement of an alleged infringement claim against a medical device manufacturer that resulted in a cross license of limited scope, thereby removing a cloud over our client's entire business.
    • Negotiated an expansion of a limited field of use license to enable our client to launch a new product line.
Education
  • Brown University, Sc.B. in Organic Chemistry, cum laude
  • Yale University, M.S. in Physical Organic Chemistry
  • New York University School of Law, J.D., magna cum laude First in class
Speaking Engagements
  • “Litigation Issues Under the America Invents Act (AIA),” Suffolk University Law School – Conference Panelist, Boston, MA, 2012
  • “Employee Invention Assignment Agreements," Suffolk University Law School Lecture, Boston, MA, 2012
  • “Owning What You Think You Own: Avoiding Pitfalls in IP Rights and Assignments,” ALM Media CLE Seminar, Stamford, CT, 2011
     
Professional Associations
  • American Bar Association, IP Litigation Section
  • Boston Bar Association
  • Boston Patent Law Association, Litigation Section
  • Order of the Coif Honorary Society
News
  • Mary K. Murray, Ph.D. and Scott Pierce Organize Symposium with Suffolk University Law School to Discuss Critical Changes in Patent Law and Practice – Chief Judge Randall R. Rader Will Participate more
Bar Admissions
  • U.S. Court of Appeals for the Federal Circuit
  • U.S. Court of Appeals for the First Circuit
  • U.S. District Court, District of Massachusetts
  • Massachusetts
  • Various federal trial and appellate courts around the country

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