David Smith

E: David.Smith@fisherbroyles.legal

T: (201) 866-3213

Los Angeles Office

Palo Alto Office


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Practice Areas

  • Intellectual Property
  • Commercial Transactions

Bar Admissions

  • California


  • University of Denver, J.D., Order of the Coif, 1993
  • Millsaps College, B.S., Chemistry and History, 1986
  • Vanderbilt University School of Medicine, 1987-1989

Large Law Firm Experience

  • Lyon & Lyon
  • Howrey, LLP
  • Morrison & Foerster

J. DAVID SMITH is a registered patent attorney with more than 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 $500 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. He then moved to the Bay Area in 1996 where he worked at Howrey & Simon and Morrison & Foerster in San Francisco. In 2004, he relocated to the East Coast and joined Klauber & Jackson in New Jersey where he practiced for almost 14 years.