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David J. Powsner, Nutter McClennen & Fish LLP Photo

David J. Powsner

Partner / Boston

Overview

David J. Powsner is a partner in Nutter’s Intellectual Property Department, where he advises high-tech companies on a range of complex matters. Clients turn to David for his extensive knowledge of intellectual property law, broad and deep technical background, and his in-depth analysis and practical assessment of patent, copyright, trade secret, trademark, and licensing issues.

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Although they ultimately rely on his expertise in the law, David's clients equally value his MIT degree in physics and extensive early work in computer programming as aids to facilitating his understanding and getting to the root of problems. He has represented companies with products in a variety of markets, including laser eye surgery control systems, medical dialysis, mobile device operating systems, e-commerce marketing platforms, multi-operating system and multiprocessor architectures, machine vision, automated geophysical prospecting, loudspeakers, virtual reality systems, distributed content discovery, lotteries and gaming, manufacturing process control, mathematical modeling of business decisions, packet switching and telephony, storage area networks, consumer electronics, maglev conveyance, medical diagnostics, xerographic toners supply, and industrial cleaning services, among many others.

Notable Experience and Client Impact 

  • Represented a medical device component manufacturer in negotiation of a development contract with a Fortune Global 500 consumer products company
  • Developed a portfolio of software and hardware patents for a manufacturer of high-performance computing systems 
  • Advised an international ophthalmic equipment manufacturer on entry into the U.S. market in face of a competitor’s patents 
  • Represented an emerging software company in make-or-break patent litigation on the eve of company sale. 
  • Developed a patent portfolio for a developer and manufacturer of high tech transportation systems 
  • Represented an emerging technology software start-up in the negotiation of development contracts with a Fortune Global 500 company 
  • Conducted patent freedom-to-operate studies for an industrial equipment supply and services company seeking to enter a new market occupied by Fortune 1000 competitors 
  • Represented a midcap manufacturer of industrial equipment in multi-patent litigation brought by an industry leader 
  • Advised a massively open online course (MOOC) provider on licensing strategy for open source platform 
  • Represented an industrial services company in damages phase of patent litigation involving chemical cleaning agents

Actively involved in the industry, Dave volunteers time and puts his work experience to use in coaching startups. He has coached hundreds of startup companies through his involvement and membership in professional organizations, including Boston Harbor Angels and Investors Collaborative, both Boston-based "angel" investment groups. He is a principal organizer of the MIT Enterprise Forum's Software Entrepreneurship SIG, which he co-founded a decade ago.

Experience

Experience

  • Facilitated venture financing by telecommunications start-up through prior art search, analysis and opinion

    Facilitated venture financing by telecommunications start-up through prior art search, analysis and opinion regarding patent publicly claimed by competitor to block entire industry.

  • Facilitated financing of computer modem manufacturer through analysis and opinion indicating that key patents of competitor were invalid

    Facilitated financing of computer modem manufacturer through analysis and opinion indicating that key patents of competitor were invalid. 

  • Conducted clearance search and issued opinions clearing way for manufacturer to commence operation of assembly line

    Conducted clearance search and issued opinions clearing way for computer accessories manufacturer to commence operation of multimillion dollar assembly line.

  • Favorable closure of license talks between mid-size computer and multinational by uncovering prior art

    Brought favorable closure of license talks between mid-size computer and multinational by uncovering prior art suggesting invalidity of patent relied on by multinational to support its negotiating position.

  • Performed analysis, uncovered prior art and issued private opinion indicating that patents held by entertainment industry leader were invalid and not infringed

    Uncovered prior art, performed analysis and issued private opinion indicating that patents held by entertainment industry leader were invalid and not infringed, thus paving way for entry into market by international manufacturer.

News & Insights

Publications

Honors

Honors

  • Massachusetts Super Lawyers, 2004, 2006-2007
  • Peer Review Rated as AV® Preeminent™, the highest performance rating in Martindale-Hubbell's peer review rating system

Education & Admissions

Education

Case Western Reserve University School of Law, J.D.

Massachusetts Institute of Technology, B.S., Physics

Admissions

  • Massachusetts
  • U.S. Patent and Trademark Office
  • U.S. District Court for the District of Massachusetts
  • U.S. Court of Appeals for the Federal Circuit

In the Community

Dave volunteers time and puts his work experience to use in coaching startups. He has coached hundreds of startup companies through his involvement and membership in professional organizations, including Boston Harbor Angels and Investors Collaborative.

Noteworthy

Peer Review Rated as AV® Preeminent™, the highest performance rating in Martindale-Hubbell's peer review rating system 

Massachusetts Super Lawyers, 2004, 2006-2007