David J. Powsner
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.
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.
- 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
- Rory Pheiffer and Dave Powsner Present at the Association of University Technology Managers (AUTM) 2017 Eastern Region Meeting10.02.2017
- 02.19.2019 | Legal Update
- 02.13.2019 | Legal Update
- 01.30.2019 | Legal Update
- Fintech in Brief: Ranking Member McHenry Calls for House Financial Services Committee Hearing on Financial Innovation01.24.2019 | Legal Update
- Fintech in Brief: Chairwoman Waters Outlines House Financial Services Committee’s Agenda: Priorities Include Financial Innovation01.22.2019 | Legal Update
- Fintech in Brief: Issues to Consider in Connection with the CFPB’s Proposed Product Sandbox and Policy Changes for No-Action Letters01.08.2019 | Legal Update
- 12.21.2018 | Legal Update
- Fintech in Brief: Bureau of Consumer Financial Protection Proposes Product Sandbox and Policy Changes for No-Action Letters12.17.2018 | Legal Update
- 05.21.2015 | Legal Update
- 03.23.2015 | Legal Update
- 01.16.2015 | Legal Update
- January 16, 2015 | Legal Update
- 11.18.2014 | Legal Update
- 09.19.2014 | Legal Update
- 07.21.2014 | Legal Update
- 05.20.2014 | Legal Update
- 03.17.2014 | Legal Update
- 01.15.2014 | Legal Update
- 11.18.2013 | Legal Update
- 09.19.2013 | Legal Update
- 07.15.2013 | Legal Update
- 05.22.2013 | Legal Update
- 03.15.2013 | Legal Update
- 01.15.2013 | Legal Update
- 11.15.2012 | Legal Update
- 09.18.2012 | Legal Update
- 07.16.2012 | Legal Update
- 05.22.2012 | Legal Update
- 03.15.2012 | Legal Update
- 01.18.2012 | Legal Update
- 11.17.2011 | Legal Update
- 05.17.2010 | Legal Update
- IP Law Bulletin, 10.16.2015
- IP Law Bulletin, 09.23.2015
- IP Law Bulletin, 09.17.2015
- IP Law Bulletin, 08.12.2015
- IP Law Bulletin, 08.05.2015
- IP Law Bulletin, 03.23.2015
- IP Law Bulletin, 12.17.2014
- IP Law Bulletin, 11.18.2014
- Supreme Court Issues Opinion on Software Patents and USPTO Reacts with Preliminary Examination GuidelinesIP Law Bulletin, 07.21.2014
- USPTO Offers Additional Guidance in Preliminary Examination Instructions Following Supreme Court Decision in CLS BankIP Law Bulletin, 06.26.2014
- IP Law Bulletin, 06.19.2014
- 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
Case Western Reserve University School of Law, J.D.
Massachusetts Institute of Technology, B.S., Physics
- 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.
Peer Review Rated as AV® Preeminent™, the highest performance rating in Martindale-Hubbell's peer review rating system
Massachusetts Super Lawyers, 2004, 2006-2007