“I am a technologist who is deeply immersed in my clients’ products and focused on helping them protect, commercialize and enforce their vital intellectual property.”
Areas of Focus
A leading technology lawyer, Devin Kothari combines broad transactional and litigation experience with the skill of an engineer and software developer. He has considerable experience with cutting-edge issues at the intersection of law and technology, including software, patent, copyright, trade secret, data privacy and security matters. As a result, Devin represents high-tech start-ups, mid-cap and Fortune 500 companies in every sector, from software and data analytics to advertising, retail and sports to fintech, health care and medical devices.
Armed with an engineering background and deep technical proficiency, Devin immerses himself in his clients’ products and platforms. He uses the knowledge he gains to help them pursue growth strategies, minimize risk and optimize their technology. Clients appreciate his outside general counsel mindset and ability to bridge the gap between their legal, business and engineering teams.
In his computing and digital media practice, Devin addresses issues involving a diverse array of technologies and platforms including SaaS, API/SDKs, streaming, e-commerce, cloud hosting, AI, virtual reality, algorithmic trading, 3D printing, programmatic media, IT, cybersecurity and computer hardware. He also reviews computer architecture and source code, negotiates commercial software agreements, and leads technology-focused merger and acquisition transactions. In addition, Devin has significant experience with software regulatory issues involving open source, data security/breach and privacy compliance.
In his broader intellectual property practice, Devin helps clients protect and commercialize their technology through patent, brand and content licensing agreements. He also prosecutes patents, advises on portfolio management, and provides patentability, freedom-to-operate and invalidity opinions.
Devin is skilled at using litigation to drive up the value of his clients’ technology and favorably resolve intellectual property and technology-related disputes before federal courts and the Patent Trial and Appeal Board. Further, he routinely advises on creative strategies to dispose of patent troll claims in the software space.
Acting as technology and media counsel to a fintech startup that created a cryptocurrency trading platform for high net worth and institutional investors. Established the client's patent and trademark portfolio, advised on open source compliance and represented the company on the privacy and intellectual property components of its sale to a leading cryptocurrency brokerage.
Advising a restaurant reservation platform on its software and technology matters, including its API/SDK agreements, software development agreements, technology licensing and other partnerships. Led the intellectual property, technology and privacy components of the client's $200MM acquisition by a major financial institution.
Acting as technology and intellectual property counsel to a publicly traded adtech platform in order to protect its software and enhance the value of its core intellectual property.
Advised a Fortune 500 advertising agency holding company on GDPR and CCPA compliance. Devised a process for managing privacy compliance across hundreds of vendors, including drafting GDPR and CCPA data protection addendums, advising on privacy compliance issues, tracking vendor risk and compliance across networks and negotiating hundreds of vendor data protection addendums.
Executed complex patent licensing arrangements with university collaborators, negotiated clinical trial agreements, provided regulatory advice, prosecuted and managed a med tech platform's patent portfolio and provided freedom to operate and validity opinions.
Defended a leading advertising agency in connection with a patent infringement suit brought by a non-practicing entity concerning the use of clean energy technologies. Filed for inter partes review to invalidate the plaintiff's patent and simultaneously filed motions to dismiss and stay in C.D. Cal., leading to a favorable settlement.
Acted as patent counsel to a private investment group with interests in technology and media, in connection with its investment in a semiconductor technology company. Performed business, technical and legal diligence on its semiconductor patent properties, advised on scope of patent coverage, performed market analysis of related patents, assessed patent valuation and provided freedom to operate and validity opinions.
Serving as advertising and retail counsel to a leading cosmetics retailer and e-commerce brand, advising on product substantiation and regulatory concerns; gift cards, loyalty, subscriptions and rewards; TCPA and CAN-SPAM compliance; charitable promotions; social media promotions, sweepstakes, native advertising and influencers/endorsements; SAG and production matters and NFTs.
Insights + Events
- Buy Now: Avoiding the Pitfalls of Online Retailing Intellectual Property Law Section: Annual Meeting 2021 | Hot Topics in Advertising & IP for E-tailers
January 20, 2021
- Trends in Marketing Communications Law Patent Troll Activity Likely to Continue to Rise
October 6, 2020
- Press Mention World Trademark Review | On the Move: Davis+Gilbert Announces 2020 Promotions
January 10, 2020
- Trends in Marketing Communications Law Patent Troll Suits Down, Not Out in 2018
July 10, 2019
- Trends in Marketing Communications Law Supreme Court Seeks to Curb the Worst Abuses of the Patent System
May 24, 2018
- Publication Intellectual Property Magazine | Trouble in Patent Troll Paradise?
August 31, 2017
- Alert The Days of Patent Plaintiff Forum Shopping May be Over
May 23, 2017
- Trends in Marketing Communications Law Patent Troll Cases Unlikely To Drop Significantly
April 11, 2017
- Columbia Law School (J.D., 2010)
- University of Pennsylvania (B.A. and B.A.S., 2007)
- New York
- U.S. District CourtSouthern District of New York
- U.S. District CourtEastern District of New York
Member, Davis+Gilbert Diversity, Equity and Inclusion Committee
Member, Davis+Gilbert IT Committee
Member, American Bar Association
Member, American Intellectual Property Association,
― Member, Electronic & Computer Law Committee
― Member, Emerging Technologies Committee
― Member, Trade Secret Committee
― Member, M&A Committee
Member, New York State Bar Association
Member, New York City Bar Association
Member, New York Intellectual Property Law Association
― Member, Patent Litigation Committee
― Member Internet & Privacy Law Committee
― Member, Legislation Committee