David Aldrich
Forge IP, PLLC
Dave has extensive experience in all areas of patent, trademark, and copyright law, including prosecution, litigation, opinions, licensing, and counseling. His practice has canvassed a wide array of technological areas, such as optics, analytical instruments, and mechanical devices, including an emphasis on the medical field.
Dave has prosecuted hundreds of patent applications in many different technologies and has successfully argued multiple appeals before the Patent Trial & Appeal Board (PTAB). He also has significant experience with all types of disputed matters, including Inter Partes Reviews at the PTAB. Dave has obtained successful results for both plaintiffs and defendants in numerous litigations, ranging from summary judgment to appellate victories, as well as the negotiation of favorable settlements. He also has significant experience with pharmaceutical patents, including the preparation of Paragraph IV notice letters and the litigation of Hatch-Waxman ANDA cases.
- Patents
- Patent Appeals, Patent Litigation, Patent Prosecution
- Trademarks
- Trademark Litigation, Trademark Registration
- Intellectual Property
- Connecticut
- State of Connecticut Judicial Branch
-
- U.S. Patent and Trademark Office
-
- Federal Circuit
-
- U.S. District Court for the District of Colorado
-
- U.S. District Court for the District of Connecticut
-
- U.S. District Court for the Eastern District of New York
-
- U.S. District Court for the Southern District of New York
-
- English: Spoken, Written
- Founder, Partner
- Forge IP, PLLC
- - Current
- Member
- St. Onge Steward Johnston & Reens LLC
- -
- Seton Hall University School of Law
- J.D. (2001) | Law, Intellectual Property
- -
-
- Rutgers University - New Brunswick/Piscataway
- B.A. (1998) | Physics; Philosophy
- -
-
- State Bar of Connecticut
- Member
- Current
-
- LawPact
- Member
- - Current
- Activities: LawPact is a close-knit, international association of independent business law firms serving clients in all business law capacities, including litigation and transactional work, across a variety of industries. As a result, we are able to ensure that clients are provided with access to seamless legal advice for their business across most jurisdictions in the world.
-
- Website
- Forge IP
- Q. Served complaint in Federal court for patent infringement with factual errors; should I file a Motion to Strike?
- A: A little more detail is required to fully answer your question. Generally speaking, if the entire complaint is based on patent infringement (literally and/or under the doctrine equivalents) by a product that you do not actually make, use, sell, offer to sell, or import, then the appropriate response would typically be a motion to dismiss for failure to state a claim, not a motion to strike. However, you should consult a qualified patent attorney to fully discuss all of the specific details of this particular complaint to determine whether this is indeed the proper course of action.
- Q. How much to trademark "Fiend" for clothing in the US?
- A: Someone already has a registered trademark for this name for various types clothing, so you are very unlikely to obtain a trademark registration for this name. However, there are other trademarking options you could explore. You should consult a qualified trademark attorney who can give you guidance for your particular business.
- Q. Can I use the name 'Baybreak' for my business in a different industry?
- A: Even without a trademark registration, someone can still acquire certain trademark rights based on use of the mark in commerce. Whether it is ok for you to use the same mark will depend on a number of factors, including how close your goods/services are to the goods/services of the other party already using the mark, and whether there is enough of a relation between them that consumers could be confused about the source of the goods/services. You should consult a qualified trademark attorney to discuss these specific details so they can give you the proper guidance.
