David L. Cavanaugh


Chair, Post-Grant Patent Proceedings Group

Cavanaugh, David L.

David Cavanaugh has broad legal experience in industry and private practice and provides clients with strategic, business-focused counseling in the procurement, management and exploitation of their intellectual property. He has extensive experience in all aspects of intellectual property practice, including IP litigation, patent procurement, technology transfer and licensing, and due diligence for corporate transactions. Mr. Cavanaugh has developed and implemented intellectual property strategies suited for companies at all stages, from early startup phase to established business phase. Mr. Cavanaugh is active in Post Grant Proceedings at the US Patent Office where he has filed petitions in a variety of technologies.

Over the past decade, Mr. Cavanaugh has counseled clients in many technologies, including life sciences and medical devices. His patent experience in the medical device industry embraces diagnostic and therapeutic products in several technical fields, including those of radiology, cardiac implantable devices and catheters. He also has experience in various technologies of medical instrumentation and non-invasive diagnostic techniques.

Prior to joining the firm, Mr. Cavanaugh was a senior patent counsel in the legal department of Boston Scientific Corporation, responsible for the intellectual property matters in the radiology, neurology, urology and endoscopy divisions. Prior to his work with Boston Scientific, Mr. Cavanaugh was associated with Wolf, Greenfield and Sacks in Boston, where he provided patent support to a variety of medical device clients. Mr. Cavanaugh also has been a patent examiner at the United States Patent Office, where he examined patent applications in a variety of technologies.

Mr. Cavanaugh received a JD from George Washington University, where he was selected to study at the Max-Plank-Institute for Comparative Patent Law in Munich. He earned his master's degree at Washington Theological Union and his bachelor's degree in mechanical engineering at Villanova University. He is a member of the Pi Tau Sigma National Mechanical Engineering Honor Society.

Honors & Awards

  • Recognized as a Washington DC leader in the intellectual property field in the 2008-2013 editions of Chambers USA: America's Leading Lawyers for Business
  • Named a 2014 leading practitioner in patent law by IAM Patent 1000: The World's Leading Patent Practitioners
  • Selected to the 2013 and 2014 Washington DC Super Lawyers list for his intellectual property practice

Publications & News


January 15, 2015

A Key Question On Appeals Of Stays Pending CBM Review

An article by David Cavanaugh and Robert Arcamona published by Law360 on January 15, 2015.

November 7, 2014

WilmerHale Reaches Milestone 100th Inter Partes Review Filing

WilmerHale has filed its 100th Inter Partes Review (IPR), marking a significant milestone in the post-America Invents Act (AIA) era.

October 8, 2014

Becton Dickinson Receives Successful Inter Partes Review Decision

On September 25, 2014, WilmerHale client, Becton, Dickinson and Company (BD), earned a significant victory in an Inter Partes Review (IPR) before the US Patent Office's Patent Trial and Appeal Board (Board) in the form of a Final Written Decision declaring unpatentable all challenged claims of US Pat. No. 5,704,914 (the '914 patent).

October 6, 2014

Claim Constructions In PTAB Vs. District Court

An article written by Jacob Oyloe, James Dowd and David Cavanaugh published by Law360 on October 6, 2014.

September 30, 2014

America Invents Act Post-Grant Oppositions After Two Years: Relationship Between PTAB Actions and Litigation in Federal Courts

An article featuring David Cavanaugh, published in the September 30, 2014 edition of Bloomberg BNA's Patent, Trademark & Copyright Journal, Vol. 189.

August 26, 2014

David Cavanaugh Quoted in Law360 Article on AIA Petitions

Partner David Cavanaugh provides tips to practitioners about AIA Petitions in Law360 article, "4 Mistakes That Can Doom AIA Petitions," published August 26, 2014.

July 31, 2014

Early Results of Post Grant Proceedings

An article written by David Cavanaugh, published in Intellectual Property Today (July 2014).

June 30, 2014

The National Law Journal Names WilmerHale Washington IP Litigation Department of the Year

WilmerHale's Intellectual Property Litigation team was selected by The National Law Journal as 2014 Intellectual Property Litigation Department of the Year in the Washington DC region.

June 23, 2014

Four Important Strategic Consideration for Inter Partes Review Proceedings

An article by David Cavanaugh, Michael Twomey, Vic Souto, Christopher O'Brien, Heather Schafroth and Michael Smith, published in the May/June 2014 edition of IP Litigator, Vol. 20, No. 3.

May 13, 2014

Success at the Federal Circuit: WilmerHale Earns Five Victories in One Week

WilmerHale has just completed an extremely successful week at the Federal Circuit, receiving favorable decisions in five out of six patent cases concerning various legal issues.

Professional Activities

Mr. Cavanaugh served on the Board of Directors of the Massachusetts Medical Device Industry Council (MassMEDIC) for six years. He was recently selected by the Massachusetts Life Sciences Center to serve as a peer reviewer for its Small Business Matching Grant (SBMG) Program, which promotes the life sciences within the Commonwealth of Massachusetts. In the recent past he has been a Board member of the New England Business and Technology Association. He has been a frequent guest lecturer at New England College of Law about patent law related topics.
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