David J. Thibodeau is a Partner at VLP and co-chair of the firm’s Intellectual Property Practice Group. David’s work emphasizes the building and refining of patent portfolios, providing strategic advice concerning competitive IP rights, and performing due diligence for technology-based financial, merger/acquisition and other business transactions. While David most often handles prosecution matters before the United States’ and foreign patent offices, he has also successfully concluded license negotiations, litigations, and other disputed matters.
David represents company founders, investors, engineers and scientists in diverse technology areas such as database systems, cloud connected infrastructure, computing, financial services, mobile devices, application software, disaster recovery, network security, medical devices, semiconductors, optics, signal processing, radio, and antennas.
He has developed many patent portfolios leading to significant license revenue and/or client acquisitions, including a billion-dollar initial public offering of a Massachusetts database technology company, and representation of a New Hampshire information technology start up during their billion-dollar private acquisition.
Before joining VLP, David was a partner at several Boston-area IP boutique firms and General Counsel of AirNet Communications, a venture funded start-up in the wireless industry.
David received his law degree, cum laude, from Suffolk University School of Law, and holds a Bachelor of Science in Electrical Engineering from Worcester Polytechnic Institute with high distinction. Prior to becoming a lawyer, David was an engineer first at IBM and then at Sanders Associates (now a subsidiary of BAE Systems), where he developed digital signal processing algorithms for the financial services and defense industries.
He is a former President of the Boston Patent Law Association and served many years as an adjunct Professor of Patent Law at Franklin Pierce Law School (now UNH). David is repeatedly chosen by his peers in legal community for inclusion in Best Lawyers in America for the area of patent law.
Education
- J.D., Suffolk Law School, 1985, Cum Laude, Phi Delta Phi
- B.S., Electrical Engineering,1978, Worcester Polytechnic Institute, High Distinction
Honors & Awards
- Best Lawyers in America in the area of Patent Law (2015-present)
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Massachusetts Super Lawyers (2018 – present)
- VLP Partner David Thibodeau Authors IPWatchdog Article “Do Recent Decisions Signal a Change in Patent Owner’s Rights to Defend and Amend Claims in Post-Grant Proceedings?”
(Feb 7, 2018) - VLP Partner David Thibodeau Quoted in the Law360 Article “Recent PTAB Decisions Attorneys Should Know”
(Jan 30, 2018) - VLP Partner David Thibodeau Authors IPWatchdog Article “Why SAS Institute Matters More Than Oil States”
(Nov 9, 2017) - VLP Partner David Thibodeau Quoted in Bloomberg Law Article “Seven Patent Petitions Queued Up for Supreme Court’s New Term”
(Sep 29, 2017) - VLP Partner David Thibodeau Quoted in the Law360 Article “Patents Are Surviving Challenges Under Alice More Often”
(Sep 25, 2017) - VLP Partner David Thibodeau Quoted in the Law360 Article “Fed. Circ. Criticism Trains Spotlight On PTAB Procedures”
(Sep 1, 2017)
- KnowIT, May 11-13, 2020. David was an invited guest speaker on IP issues related to IoT Interoperability and Data Security at this well-attended virtual event. David’s panel reviewed numerous legal and business issues associated with standards organizations, licensing, and related litigation. His talk centered on current developments in the fair, reasonable and non-discriminatory (FRAND) licensing commitments that usually accompany standards-setting organization activities, and the extent to which recent court decisions have found them enforceable.
- “Intellectual Property (IP) Ramifications in the Age of IoT,” Panelist, Internet of Things World (IoT) Conference, May 2018
- “After The Term Sheet – Do You Own Your Intellectual Property?”– VLP Webinar, November 2017
- “Patent Claim Strategies in Light of Alice v CLS Bank,” Boston IP Inn of Court, 2016
- Risks to Patent Validity Involving Generative AI in the Creative Process – A Blog Post by David Thibodeau and Kip Werking
(Oct 30, 2023) - New Law Mandates Improved Cybersecurity for Government Internet of Things (IoT) Devices
(Jan 28, 2021) - IP Strategy Pitfalls for Startups (Part 2)
(Nov 15, 2018) - IP Strategy Pitfalls for Startups (Part 1)
(Nov 9, 2018) - Supreme Court Extends U.S. Patents to Cover Certain Types of Overseas Manufacturing Activities
(Aug 1, 2018) - Intellectual Property Consideration for the Internet of Things
(May 21, 2018)