David A. Kalow Partner P: 212 813-1600 F: 212 813-9600 E: dak@creativity-law.com Practice Areas Patent, trademark, copyright and trade secrets Litigation, licensing, prosecution and deals Science and Technology Expertise Physics, Mathematics, Electronics, Software, Nanotechnology, Biotechnology (DNA and RNA synthesis, antisense, RNAi, pharmacogenomics, bioinformatics), Chemistry, Optics and Medical Devices.

David is a founding partner of Kalow & Springut, LLP. He represents clients in patent, trade secret, copyright and trademark matters arising in the course of transactions, trials, appeals, licensing, and strategic counseling. Since 1976, he has litigated for and advised clients in the biotechnology, chemical, computer, electronic, nanotech, optics, medical technology and other businesses.

David has prosecuted and litigated pioneering patents on DNA synthesis, pharmacogenomics, antisense, RNAi and bar codes; expedited vindication of trademark, copyright and misappropriation rights; developed creative licensing programs; acted as special IP counsel in transactions and pharmaceutical antitrust litigations; and created and implemented strategies to maximize returns on intellectual property assets. He is particularly experienced in innovative litigation strategies, portfolio analysis, IP audit design and implementation and patent validity and infringement opinions.

Recently, he helped the U.S. division of an international company to evaluate two potential acquisitions involving substantial IP risks and rewards, creating the ability to complete one transaction and avoiding the hidden pitfalls of the other.

David has authored on articles that include:

New York Law Journal Articles (David A. Kalow and Milton Springut)

2008	"Distinct Points-of-Novelty Test for Design Patents End"
2008	"California slows Usage of Fiduciary Duties in Licensing"
2007	"The Independence of the Patent Office and the Courts"
2007	"How Much is That Patent Worth?"
2007	"Trade Dress, Trademark Distinction Meaningful Again?"
2006	"Early Is Better Than Late for Strategizing Your Patents"
2006	"Broadest Scope of 'Inequitable-Conduct' Materiality Is Endorsed"
2005	"It's Time to Pay Closer Attention to Digital Millennium Copyrigh"
2005	"Integra: a Fatal Blow to Biotechnology?"
2005	"Awarding Profits in Trademark Infringement Cases Made Easier"
2005	"The Increasingly Long Arm of U.S. Patent Law"
2005	"Federal Circuit Makes Enforcing Intellectual Property Rights Har"
2005	"Noncompliance With Bayh-Dole Leads to Army Getting Patent Title"
2005	"Embracing the Arm's-Length Licensor: Closer Than You Think"
2004	"Design Patents Take Center Stage in the Federal Circuit"

Recent Law Review and Other Articles

2006	"Compliance Can be Catalyst for a Smart IP Strategy: You Have to Pay for It, So Get Your Money's Worth", Executive Counsel, September
2006	"Creating and Demonstrating Value in the Intellectual Property of Biotechnology Companies", Financier Worldwide,
2003	"Proving Willfulness in Trademark Counterfeiting Cases", The Columbia Journal of Law & the Arts, 27 Colum.
2001	"Preparing for Bioinformatics Litigation: How Will the Courts Confront the Next Generation of Biotechnology Patents", Buffalo Intellectual Property Law Journal, 76-94
2000	"When the Human Genome and State Street Collide", Nature Biotechnology, 18:1009-1010

David has also lectured on intellectual property issues that include:

• Getting to the Deal, Licensing Executives Society New York Chapter Meeting, October 30, 2007
• CEO-IP: Doing Good and Profiting from Your IP, Yale University, October 26, 2007.
• A Prescription for Venture Success, Life Sciences and Healthcare Venture Summit, October 23, 2007.

David is an Adjunct Professor in IP at the Seton Hall University School of Law and is a frequent lecturer (LES, BIO, NYIPLA, NERA, Columbia Business School, Beihang University and other academic institutions) on how to use IP strategy and tactics to create portfolio and business value. He is a Co-Chairman of LES-New York and writes regularly for the New York Law Journal. David earned his undergraduate and law degrees from the University of Chicago.

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