J. DAVID SMITH is a registered patent attorney with nearly twenty-five years of experience in the chemical, pharmaceutical, biotechnology, medical device and mechanical arts.  David has worked extensively with startup companies, established early stage companies, multinational and Fortune 500 companies, research institutes, universities, venture capital firms, and independent inventors providing strategic counseling regarding obtaining intellectual property rights, designing around the intellectual property rights of others, maximizing intellectual property rights, patent portfolio management and patent prosecution as well as rendering opinions regarding freedom to operate, patent infringement, and validity over a wide range of technologies including organic and inorganic chemistry, pharmaceuticals, genetics, clinical treatment and diagnostic methods, recombinant DNA, immunology, gene therapy, microarrays, physical chemistry, bacteriology, plant biotechnology, chemical engineering, laboratory devices, medical devices, orthopedic devices and accessories, dialysis devices, systems and methods, clean energy, nanotechnology, oil and gas exploration and mining, semiconductors, superconductors, mechanical devices, and business methods.  David has significant experience working with European and Japanese counsel on opposition proceedings before the European and Japanese Patent Offices and with patent appeal, interference, reexamination and inter partes review proceedings before the United States Patent and Trademark Office.  Additionally, David has assisted with multiple patent infringement litigations involving biotechnology and pharmaceuticals, including some involving blockbuster drugs generating verdicts in excess of $100 million.  Further, he is experienced at trademark and copyright registration, licensing, technology transfer and collaboration agreements, plant patents and design patents.  He works with clients in the United States from coast to coast as well as directly with clients in Europe, Asia, Australia and Canada.

David began his career with the prominent California intellectual property boutique firm Lyon & Lyon in Los Angeles in 1993 then moved to the Bay Area in 1996 where he worked at Howrey & Simon and Morrison & Foerster in San Francisco before moving from the left to the right coast in 2004.  Prior to joining MKW, David was with Klauber & Jackson for 13 years.

Education

  • University of Denver, Sturm College of Law, Denver, Colorado, J.D., Order of the Coif, 1993, Denver University Law Review, Montgomery Dorsey academic scholarship
  • Vanderbilt University School of Medicine, Nashville, Tennessee, 1987-1989
    successfully completed pre-clinical basic science curriculum
    performed research in the fields of immunology and genetics
  • Millsaps College, Jackson, Mississippi, B.S. chemistry and history, summa cum laude, 1986, National Merit Scholarship, Carrier academic scholarship

Bar Memberships

  • Admitted in California, Colorado, and District of Columbia
  • United States Patent and Trademark Office registered

Professional affiliations and memberships

  • American Intellectual Property Law Association