David Silvia Joins McCarter & English, Bringing Diverse IP Practice to the Firm

David Silvia, a former engineer who designed nuclear submarines before becoming an intellectual property lawyer, has joined McCarter & English as a partner, bringing his diverse IP practice to the firm and will be resident in the firm’s Stamford office.

Silvia counsels clients nationally in prosecuting, defending and challenging patents, and assists technology clients with opinions and due diligence in addition to copyright and trademark issues.

Silvia led the appellate team that prevailed three months ago in a multi-million dollar win at the Federal Circuit on behalf of a plumbing supply company. In a long-running dispute over patents covering bathtub drain assemblies, the company was assessed enhanced damages after a federal district court jury found that the company had infringed on a competitor’s patent covering drainage systems that prevent overflowing. Silvia and his team convinced the appellate panel to remand the $2.7 million enhancement to the lower court for reconsideration.

“David has a diverse practice and touches patents at all points in their life cycle,” said Elizabeth Hanley, leader of the firm’s IP practice group. “That makes him particularly valuable to a wide variety of IP clients.”

Added Michael P. Kelly, chairman of the 400-lawyer firm: “His industry experience as an engineer gives him tremendous credibility with engineers and inventors, who trust his business instincts and are comfortable talking to him and working with him. Our nationally renowned IP practice, our Stamford office and our clients will all benefit from his having joined McCarter.”

As examples of his versatility, Silvia defended a foreign medical device manufacturer against an infringement claim; assisted a client with licensing of technology after settling an infringement lawsuit; obtained domestic patents for helicopter gas turbine engine components and defended infringement claims concerning ultraviolet light-emitting lamps. He has prepared and prosecuted patent applications across a wide swath of technology fields, including electronic control systems, fluid filtration devices, pumps, gas turbine engines and medical devices.