David Nicholson

Ranked in United States: California
IAM Research

The Patent 1000 focuses exclusively on patent practice and has firmly established itself as the definitive 'go-to' resource for those seeking world-class legal patent expertise.

Recommended - Individuals: prosecution

At the heart of happenings in Silicon Valley, agile boutique Nicholson De Vos Webster & Elliott prosecutes patents, manages portfolios, advocates at the PTAB and provides essential litigation support – all with technical precision and strategic flair. A notable development for the ensemble in 2020 was the recruitment of Judith Szepesi, an experienced patent attorney and a perfect match for the firm, with her emphasis on harnessing intellectual property for business gain. This is likewise the special skill of Daniel De Vos, whose prizewinning patents have been successfully enforced through litigation, netting his clients handsome gains. He acts for a colourful catalogue of start-ups, mid-sized companies and Fortune 100s, and gets right to the crux of their commercial issues. His co-founder David Nicholson sees the whole playing field for the parties he represents, including pioneers in computer science and software.

David Nicholson's Profile

David Nicholson is a founding partner of Nicholson De Vos Webster & Elliott LLP. He is a registered patent attorney who focuses on IP protection in the software and hardware industries. He provides a broad range of patent-related services, including preparation and prosecution of patent applications (both foreign and domestic), design and evaluation of patent programmes, review and evaluation of patent portfolios, due diligence evaluations, post-grant proceedings, litigation support and opinions regarding patent validity and infringement. His background in electrical and computer engineering has enabled him to work on many interesting technologies, including:

  • processors, including general purpose, network and security;
  • chipsets;
  • network devices, including routers and firewall/virtual private network security appliances;
  • disk-based storage systems for data recovery and fabrication, including micro-electro-mechanical (MEMS) devices, thin-film transistors in liquid-crystal displays and pulse code modulation; and
  • software, including network security, cryptography, routing protocols, network management, social networking, compression and decompression of data (including video and audio standards such as MPEG-4), database access (including object-oriented designs), data protection, and retention and back-up utilities.

Before practising law, Mr Nicholson worked in the special purpose processor development group at the Mayo Clinic, designing MEMS devices and analysing existing application-specific integrated circuit designs, including both digital and analog devices.

Mr Nicholson was named a Super Lawyers Rising Star (2014-2018) and a Top Patent Prosecutor by PatentBuddy (2011), and was listed in the IAM Patent 1000 (2015-2020).

He has a BSEE from the University of Wisconsin-Madison and a JD from the University of Houston.

Firm Profile

Nicholson De Vos Webster & Elliott LLP is a boutique IP law firm located in Silicon Valley. Leveraging decades of experience, the partners founded the firm in 2015 with a focus on the preparation and prosecution of patent applications, patent portfolio management, post-issuance proceedings and patent litigation support. Borrowing from the tactics of the companies that the firm represents, Nicholson De Vos uses current technology to provide a flexible and secure environment for attorney and client collaboration.

Although a relatively new firm, Nicholson De Vos has grown to include 21 attorneys and two patent agents, most of whom have worked together for many years. Nicholson De Vos is proud of its distinguished attorneys, who have been listed among the world’s leading patent practitioners, with some recognised among California’s “SuperLawyers”. Nicholson De Vos is also listed as one of Juristat’s top 100 firms of 2018 and among the top firms in the United States in 2019 and 2020 for applications filed in USPTO Technology Center 2100: Computer Architecture, Software and Information Security. The team has extensive experience in a robust range of technologies, with many having technical degrees in electrical engineering or computer science. The firm uses this depth of knowledge and experience to pursue protection for clients’ intellectual property.

Practising in Silicon Valley gives Nicholson De Vos access to companies at the forefront of technological innovation. This physical presence affords firm attorneys the opportunity, on short notice and at the convenience of clients, to meet in person with inventors and in-house counsel to understand fully their technology and counsel on patent strategy.

The firm’s clients range from start-ups to Fortune 100 companies. The firm has expertise creating and managing patent programmes from scratch, as well as seamlessly working with established client guidelines and procedures. Key industries serviced by the firm include microprocessors, graphics, telecommunications, networking, internet protocol television, memory and storage, virtualisation software, cloud computer including storage and services, machine learning, network security and optimisation, the Internet of Things, wearable technology and electric vehicle infrastructure.

Nicholson De Vos’s patent prosecution practice focuses on filing and prosecuting patent applications not only in the United States, but also internationally. The firm routinely files Patent Cooperation Treaty applications before both the USPTO and the International Bureau. In addition, individuals at the firm have longstanding relationships with attorneys at firms in other countries, with whom they work to file and prosecute direct and national phase filings in those countries according to the relevant rules and best practices. For example, Nicholson De Vos’s attorneys have helped to direct patent prosecution efforts in Australia, Brazil, China, Europe, India, Israel, Japan, Korea, Mexico, New Zealand, Russia and Singapore.

Patent preparation and prosecution

Our team of patent attorneys has extensive experience identifying inventions, elements of inventions and discoveries that are eligible for patent protection. We develop strategies for obtaining patent protection that are carefully tailored to our clients’ needs and goals.

Patent portfolio management

Our experienced and skilled patent attorneys and patent agents work closely with each client to find the best way to manage their patent portfolio. We assist clients with:

  • identifying patentable ideas;
  • developing strategies to maximise the value of the portfolio; and
  • evaluating competitors’ activities that could affect the portfolio.

Patent post-issuance proceedings

We offer a team of highly skilled and experienced patent professionals who can assist in numerous types of post-issuance proceedings, including:

  • inter partes review;
  • covered business method;
  • post-grant review;
  • ex parte re-examination; and
  • request for supplemental examination.

Litigation support

Our attorneys have decades of combined experience in patent litigation support, assisting our clients’ litigation counsel through patent infringement analysis and patent invalidity analysis.

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