Devin Kothari of Davis+Gilbert LLP

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A leading technology lawyer, Devin Kothari combines broad transactional and litigation experience with the skill of an engineer and software developer. He has considerable experience with cutting-edge issues at the intersection of law and technology, including software, patent, copyright, trade secret, data privacy and security matters. As a result, Devin represents high-tech start-ups, mid-cap and Fortune 500 companies in every sector, from software and data analytics to advertising, retail and sports to fintech, health care and medical devices.

Armed with an engineering background and deep technical proficiency, Devin immerses himself in his clients’ products and platforms. He uses the knowledge he gains to help them pursue growth strategies, minimize risk and optimize their technology. Clients appreciate his outside general counsel mindset and ability to bridge the gap between their legal, business and engineering teams.

In his computing and digital media practice, Devin addresses issues involving a diverse array of technologies and platforms including SaaS, API/SDKs, streaming, e-commerce, cloud hosting, AI, virtual reality, algorithmic trading, 3D printing, programmatic media, IT, cybersecurity and computer hardware. He also reviews computer architecture and source code, negotiates commercial software agreements, and leads technology-focused merger and acquisition transactions. In addition, Devin has significant experience with software regulatory issues involving open source, data security/breach and privacy compliance.

In his broader intellectual property practice, Devin helps clients protect and commercialize their technology through patent, brand and content licensing agreements. He also prosecutes patents, advises on portfolio management, and provides patentability, freedom-to-operate and invalidity opinions.

Devin is skilled at using litigation to drive up the value of his clients’ technology and favorably resolve intellectual property and technology-related disputes before federal courts and the Patent Trial and Appeal Board. Further, he routinely advises on creative strategies to dispose of patent troll claims in the software space.

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Over the past half-decade, Congress and the courts have made aggressive efforts to curb the worst abuses of the patent system. In 2013, Congress passed the America Invents Act (AIA), which established the Patent Trial and Appeal Board (PTAB) to hear patent validity challenges outside of the federal court system. In 2014, the U.S. Supreme Court issued its landmark ruling … Continue Reading

U.S. Supreme Court Sets the Bar Higher for Obtaining Damages for Design Patent Infringement

Bottom Line:  The Supreme Court’s decision sets the bar higher for design patent holders to recover for infringement and opens the door to apportionment of damages. Parties looking to file for design patents will likely consider claiming their patents more broadly, in order to avoid the specter of reduced damages in the event the design … Continue Reading