David S. Gesner

Overview

Dave Gesner has over 20 years’ experience helping clients obtain and enforce commercially valuable patent rights in the US and abroad. Dave also regularly assists clients with attracting financing, commercializing new products, acquiring and divesting IP assets, performing and defending diligence exercises, negotiating licenses, and pursuing and defending infringement suits.  

A significant portion of Dave’s practice relates to protecting software-implemented inventions and successfully navigating the challenging, ever-evolving legal landscape relating to patenting software and business methods. Dave has significant experience in this area, particularly as it relates to blockchain technologies (e.g., cryptocurrency and non-fungible tokens (NFTs)), in fintech and other industries. Dave employs a holistic approach to software IP, regularly incorporating trade secret, copyright, and open source practices in overall protection strategies.   

Prior to becoming an attorney, Dave spent over 10 years as a technology consultant, developing software and managing teams implementing large-scale computing systems. This experience not only allows Dave to advise on a wide variety of computing technologies, but also lends a client-focused mindset. As a result, Dave approaches client challenges not just from a legal and/or technical standpoint, but with pragmatism, proactive thinking, creativity, and sound business judgment.  

Experience

• Helped small e-commerce company build and manage worldwide patent portfolio, which has contributed to it achieving an attractive valuation through multiple funding rounds.
• Defended large defense contractor against infringement claims brought by competitor by drafting opinions of non-infringement and/or invalidity of competitor’s patents.
• Worked with manufacturer of consumer electronic devices to extend the breadth of coverage of its earlier patents to cover de facto industry communication standard.
• Devised strategies to help individual inventor protect sporting equipment through utility and design patents, where inventor’s previous counsel told him no protection was available, and helped guide subsequent licensing efforts.
• Helped numerous growing companies in building and managing patent portfolios to achieve strategic objectives.

Activities

• American Bar Association
• Boston Intellectual Property Law Association

Interests

Dave is an avid snowboarder.