David M. Kogan
“Working with inventors allows me to witness firsthand how passionate they are about their creations. I find it very gratifying to help them transform their ideas into patents.”

David M. KoganPartner

Los Angeles
21700 Oxnard Street
Suite 1740
Los Angeles, CA 91367VCard
818.715.7025 
818.715.7033 fax
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Education

J.D., Loyola Law School, 2003
M.S., Molecular Pharmacology & Toxicology, University of Southern California, 2000B.S., Biological Sciences, University of Southern California, 1997

Services

Technical Areas

Bar & Court Admissions

CaliforniaU.S. Patent and Trademark OfficeU.S. District Court for the Central, Southern, Northern, and Eastern Districts of CaliforniaU.S. Court of Appeals for the Federal Circuit

David M. Kogan has strong capabilities in both patent prosecution and litigation, combined with substantial experience in prosecuting reexamination proceedings for patents that are being litigated. His skills and experience integrate with a wider focus on counseling large, midsized, and start-up companies on worldwide IP portfolio management, strategic development, and licensing.

In the area of patent prosecution, David primarily responds to U.S. Patent and Trademark Office actions in domestic and foreign patent applications and prepares new patent applications for inventions relating to mechanical, chemical, pharmaceutical, and software technologies. Most of David’s IP litigation experience is with cases involving patent infringement, but he also has litigated trademark, copyright, and trade secret disputes. In addition, he is experienced in conducting IP due diligence and freedom-to-operate studies.

David is fluent in Russian.



Represents a major food industry company in patenting inventions relating to mechanical and chemical technologies.

Represented start-up companies, large corporations, and universities in patenting pharmaceutical and chemical technologies.

Successfully prosecuted a reissue application and obtained a reissue patent directed to a mechanical system despite an unfavorable Federal Circuit decision regarding the parent patent.

Successfully represented a client in a patent infringement action involving mechanical devices and performed an IP due diligence study after the client acquired the defendant company.

Successfully prosecuted several concurrent ex parte reexamination proceedings directed to software technology, which resulted in reexamination certificates confirming the patentability of all claims of all patents without any amendments.

Tokai Corporation, et al. v. New York Lighter Company Inc., et al. (C.D. Cal. 2005). Represented Plaintiff in asserting three patents directed to child-resistant safety lighters against three different defendants. Prepared a summary judgment motion resulting in a favorable settlement for Plaintiff.

Akazawa v. Link New Technology International. Inc. (Fed. Cir. 2003). Represented Plaintiff in a patent infringement action relating to coolant-changing technology, in which the Federal Circuit issued a precedential opinion vacating the district court’s summary judgment ruling that plaintiff lacked standing. Case subsequently settled.

Revolution Eyewear, Inc., v. Aspex Eyewear, Inc. (C.D. Cal. 2003). Represented Plaintiff in a patent infringement action related to magnetic clip-on eyewear, obtaining reversal of a district court summary judgment finding of invalidity. Case subsequently settled.

Presentations

  • "Patent-Eligible Subject Matter Considerations After CLS Bank and Ultramercial," Fitch, Even, Tabin & Flannery Webinar, July 31, 2013.
  • American Bar Association
  • Los Angeles County Bar Association
  • Los Angeles Intellectual Property Law Association

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