David Postolski, Esq.

Partner

David Postolski, ESQ | Partner

David Postolski, a partner at Gearhart Law, is a registered patent attorney and Intellectual Property attorney. With over 17 years’ experience, David specializes in assisting inventors, creators, artists, start-ups, entrepreneurs, early stage companies and emerging companies with their U.S and International intellectual property strategy, protection, enforcement and monetization. David is a frequent speaker and author on intellectual property issues surrounding emerging technologies (cannabis, crypto currency, 3d printing, gig economy), raising capital, business formation, licensing, and reward and equity based crowd funding. David is also a Professor at Parsons School of Design where he teaches master level students about IP, ethics and other regulatory considerations in starting business ventures and products around design. David is a current council member of the ABA Section of Intellectual Property law and the incoming Continuing Legal Education (CLE) Officer. He is the founder of the International Action Group and editor of their monthly newsletter.  David remains very involved in the creation of New York State’s first federally approved patent pro bono program in conjunction with Volunteer Lawyers for the Arts.

Experience:

David’s practice includes prosecuting patent and trademark applications both domestically and internationally. His patent practice encompasses various technological and scientific areas, including software and app development, financial transactions, gaming, life sciences and medical, mechanical and electrical devices, and business methods, as well as patents related to chemistry. He has experience managing patent and trademark portfolios and advising clients on prosecution strategies, as well as drafting replies to office actions and appeals briefs, and conducting interviews with examiners. In addition, David prepares instructions to foreign associates regarding prosecution in various countries and evaluates IP portfolios for potential licensing value, technical merit and patentability/validity. David also has experience in copyright, trade secret protection and corporate transactional matters including the drafting and negotiating of end user licenses, master service and terms of services agreements, security agreements, coexistence agreements, and non-disclosure agreements.

David’s life sciences industry experience includes counseling, drafting and prosecuting U.S. and Foreign patent applications in the fields of chemistry, biochemistry, physics and chemical engineering. He has prosecuted applications with subject matter including but not limited to thermodynamics, thermometry, paramagnetism, hyperpolarization, carbon dioxide emissions and effects, medical devices, a variety of healthcare products and pharmaceuticals. His experience also extends to the corresponding branding, trademark, business and corporate side of intellectual property, including drafting and negotiating licenses, product development, manufacturing and launch, FDA processes, ANDA procedures and consumer product safety commission processes.

Upcoming Presentations

  • Presenter: May 21, 2018 - Temple University Executive MBA program, Intellectual Property Workshop. Philadelphia, PA
  • Presenter: May 24, 2018 - International Culinary Center, Intellectual Property in the Food Industry, New York City, NY
  • Presenter: June 10, 2018 - Afeka College, Regulations and Ethics, Tel Aviv, Israel 
  • Presenter: June 17, 2018 - Tedx Shenkar University,  Speaker. Tel Aviv, Israel

News, Publications & Presentations

  • Publication: “IP and Business Issues in a Reward-based and Crowdfinance Industry. A US Perspective”, Current Trends in Start-ups & Crowdfinancing 
  • Presenter: May 13, 2018 - Beit Issie Shapiro. IP and 3d printing Jerusalem Israel
  • Presenter: May 1, 2018 - AIPPI-US and Israel Bi Annual Meeting- 2017 Patent Prosecution - The year in review. Tel Aviv Israel
  • Presenter: April 24, 2018 - AIPLA design boot camp. Medical Devices and Designs, Washington DC
  • Presenter: April 20. 2018 - The Dark Web-- Enter at Your Own Risk, ABA IP Law Spring Annual Meeting, Virginia
  • Presenter: April 19. 2018 - Regulatory and Ethical Contexts- IP and Emerging Technologies, ABA IP Law Spring Annual Meeting, Virginia
  • Presenter: March 19-21 CannaTech-Tel Aviv, IP and Cannabis - everything you need to know. Tel Aviv, Israel
  • Presenter: February 20, 2018 - Trump One Year Later: Effect on IP and Business, Webinar for the Clear Law Institute
  • Presenter: February 6-7, 2018 - IP and Legal Workshop, Montclair State University, NJ
  • Presenter: January 8, 2018 - 3D Printing and IP Presentation, Beit Issie Shapiro Research Hospital, Israel
  • Presenter: December 6, 2017 - Trademark and Domain Names, Beit Issie Shapiro Research Hospital, Israel
  • Presenter: October 25, 2017 - Cannabis and IP, CannaTech Conference, October 25, London England
  • Presenter: October 13-17, 2017 - IPPI- Australia
  • Presenter: October 10-12, 2017 - ABA IPL Fall Seminar LA
  • Presenter: August 29, 2017 - Intellectual Property in Innovation, ABA center for Innovation, Chicago IL
  • Presenter: August 24, 2017 - How Trump Will Affect IP Rights of Incoming US IP Applications and Tips and Strategies for Prosecuting US Patent and TM Applications, ABIPI- Latin American IP Bar Association, Rio De Janeiro Brazil.
  • Presenter: August 21-23 - US Perspectives on 3D Trademarks, APBI Brazilian IP Attorney Association, Brazil.
      Some info on them: Founded in 1963, ABPI now is considered a very active IP association with reach throughout Brazil and with strong business and corporate membership. We have presently 700 members. Our corporate committee has around 100 large Brazilian corporations with interest in IP matters.  
  • Presenter: August 10-12, 2017 - ABA IPL annual meeting NYC
  • Presenter: July 12, 2017 - IP issues in Med Tech, JSL Accelerator, Brooklyn NY
  • Presenter: June 22, 2017 - Responsible Innovation, Global MindED Conference, Denver, CO
  • Panelist: June 15, 2017 - Unlocking the Secrets to Sales- Tips to Close More Business, Basking Ridge, NJ
  • Presenter: June 8, 2017 - Cyber Security, Kean University
  • Presenter: June 6, 2017 - Trumps 1st 100 Days, ABA IPL
  • Presenter: May 31-June 1, 2017 - Aces Conference, Phoenix, AZ
  • May 19 and 26, 2017 - Webinar, Co-founders lab. How to protect your idea - a founders guide to IP and patents.  Register here: http://info.cofounderslab.com/intellectual-property-and-patents
  • Presenter: May 2, 2017 - IP in STEAM, Golda Och Academy, West Orange, NJ
  • Presenter: April 25, 2017 - IP in Entrepreneurship, Wharton School, Philadelphia, PA
  • Judge: April 25, 2017 - Rutgers Honors College Pitch Event, Rutgers University, New Brunswick, NJ
  • Presenter: April 19, 2017 - A Day in the Life of an IP Attorney, NJIT Law Technology and Culture Program, Newark, NJ
  • Presenter: April 18, 2017 - Global Music Rights, Consortium for Eastern Regional Theater Owners, Flushing, NY
  • Presenter: April 2, 2017 - Cannabis: IP and Ethical Issues, American Bar Association IP Law Section
  • Presenter: January 23, 2017 - First 100 Days - How the New Administration Can Affect Entrepreneurs and Innovation, Inventors Association of Manhattan, NY, NY
  • Presenter: January 19-22, 2017 - Munich
  • Presenter: January 15-19, 2017 - Israel
  • Presenter: December 15, 2016 - Intellectual Property 101, West Orange High School, NJ
  • Presenter: December 8, 2016 -  Intellectual Property 101, University of Massachusetts Entrepreneurship Program
  • Presenter: December 5, 2016 - Food X Open House
  • Presenter: November 30 and December 2, 2016 - Intellectual Property for Entrepreneurs, Rutgers Law School, Entrepreneurial Law Clinic
  • Presenter: November 29 - Urban X Open House
  • Presenter: November 21, 2016 - Intellectual Property 101 West Orange High School, NJ
  • Presenter: November 18, 2016 - Real Estate Crowdfunding, Virtual Presentation at Exprealty
  • Presenter: November 9, 2016 - A day in the Life of a Patent Attorney, University of Pennsylvania Law School, PA
  • Presenter: November 2, 2016 - Intellectual Property 101, Morristown STEM Academy
  • Presenter: November 2, 2016 - Intellectual Property 101, Fairleigh Dickinson University, NJ
  • Presenter: October 27, 2016 - Intellectual Property Considerations of Cannabis, National Cannabis Bar Association Webinar
  • Presenter: October 26, 2016 - Intellectual Property 101, Montclair State Entrepreneurship Program
  • Presenter: October 10, 2016 - Intellectual Property for the Performing Arts Industry, Arts by Northwest
  • Presenter: October 5, 2016 - Hot Topics in Intellectual Property Law, New Jersey Institute of Technology
  • Presenter: September 30-October 1, 2016 - UIA (International Association of Lawyers) AMERICAN IP PERSPECTIVES AND TRANSATLANTIC DATA TRANSFERSLuxembourg
  • Presenter: September 26, 2016 - IP and Food, International Culinary Center
  • Presenter: September 18-20, 2016 - AIPPI (International Association for the Protection of IP) 2016 World Congress, Bon Appetite IP and Food, Milan Italy
  • Presenter: September 8, 2016 - Monetizing Your IP, Brick city tech
  • Ambassador and IP mentor: July 18-21, 2016 - USPTO National Summer Institute for Teachers,  Detroit MI
  • Presenter: June 15, 2016 - IP Issues in Crowdfunding, SBA Score
  • Presenter: June 15, 2016 - SBA SCORE Chapter Meeting- Crowdfunding for Entrepreneurs, Morristown NJ
  • Presenter: June 13, 2016 - Inventors association of Manhattan, Presenter, Design Patent Extravaganza, NYC
  • Presenter: June 13, 2016 - International Culinary Center, Presenter, IP and Food for Chef Entrepreneurs, NYC
  • Presenter: May 23, 2016 - GIrl Scouts of America, Brownie Troop of Morristown NJ- Intellectual Property Pioneers Patch
  • Presenter: May 23, 2016 - Golda Och Academy, STEM Academy- IP and STEM
  • Presenter: May 21, 2016 - Evolving Education Annual Meeting- IP issues in emerging educational technologies, NJ.
  • Presenter: May 5, 2016 - ACES Conference - IP for Apple consultant entrepreneurs
  • Presenter: April 3-6 - The Black Hole of Acquired Distinctiveness: A Comparative Review, ABA IPL 31st Annual Spring Meeting, Maryland
  • Presenter: March 20-22, 2016 - Post grant proceedings in the US- AIPLA and-International Association for the Protection of Intellectual Property (AIPPI), Tel Aviv- Israel
  • Presenter: March 17, 2016 - Planning for your patents, copyrights, trademarks and other IP, Neel Shah & Associates, NJ
  • Presenter: March 16, 2016 - IP for Food Innovations, Food X Accelerator, NYC
  • Presenter: March 15, 2016 - IP Considerations in Crowdfunding, SCORE, Morristown NJ
  • Presenter: March 14, 2016 - Disruptive Financing for Food & Agriculture, NYC
  • Presenter: March 10 2016 - PA Greater Philadelphia Association of Realtors- the past present and future of real estate crowdfunding.
  • Presenter: January 15, 2016 NYC Association for Performing Arts Presenters APAP 2016 annual meeting- IP issues for the performing arts artist, theater and other stakeholders.
  • Presenter: November 9, 2015 -Inventors Association of Manhattan, everything an inventor needs to know other than patents, NJ
  • Presenter: October 21, 2015 - Morristown High School STEM Academy, NJ
  • Presenter: October 16, 2015 - West Orange High School entrepreneurial program, IP 101 presentation, NJ
  • Presenter: October 13, 2015 - Montclair State University - IP and entrepreneurial mentor, 2013- present, NJ
  • Presenter: September 29, 2015 - FOOD X - IP 101, NYC.
  • Presenter: August 12, 2015 - After school all stars- STEM camp- IP presentation,NJ
  • Presenter: August 11, 2015 - National Society of Inventors - IP Monetization, NJ.
  • Presenter: July 14, 2015 - National Society of Inventors - trademark copyrights and design patents. NJ
  • Presenter: July 16, 2015 - Regulation A+ - Crowdfunding for the Masses, Crowdfunding central NJ.
  • Presenter: July 15, 2015 - Regulation A+ - Crowdfunding for the Masses, Philadelphia, PA.
  • Presenter: July 14, 2015 - Trademarks and Copyrights- What you need to know as an Inventor- NJ inventors Club presentation, Roselle park, NJ
  • Presenter: June 9, 2015 - SBA Score- Everything you need to know about IP and more
  • Presenter: June 18, 2015 - So you Have a Great Idea and Maybe a Provisional Patent -NOW WHAT?! Invention and New Product Exposition.
  • Presenter: June 24, 2015 - Intellectual Property Presentation and Mentor- FoodX Accelerator- New York
  • Presenter: May 21, 2015 - So sue Me, ACES Conference, New Orleans
  • Presenter: May 16, 2015 - HOW PATENT ATTORNEYS & OTHER LAWYERS PROTECT INNOVATION, (UIA- International Association Of Lawyers Seminar on Brain Software, Genomics and Personalized Medicine: Legal and Biotechnology Challenges, Minnesota
  • Presenter: April 20, 2015 - Montclair State University, Global Responsibility
  • Presenter: April 14, 2015 - COPYRIGHT & TRADEMARK LAW AND ITS APPLICATION TO THEATER, Consortium for Eastern Regional Theater Owners, Palace Theater, CT
  • Presenter: April 13, 2015 - Intellectual Property for the Aspiring Life Sciences Entrepreneur, Launch NJ Life Science, Rowan University
  • Presenter: April 9, 2015 - Fairleigh Dickinson University Rothman Institute for Entrepreneurship- Intellectual Property Presentation
  • Presenter: March 26, 2015 - IP Considerations in Raising Capital in the 21st Century, ABA IPL 30th Annual Spring Meeting
  • Presenter: March 19, 2015 JFE Accelerator - IP Presentation
  • Presenter: March 18, 2015 Demystifying Domain Names: Using Them as a Marketing, Business and IP Tool, Montclair State University
  • Presenter: Feb 18, 2015 Morristown High STEM academy, NJ Presentation
  • Presenter: New Jersey Institute of Technology Accelerator and Innovation club, IP Considerations of Crowdfunding, November 21, 2014
  • Presenter: Small Business Administration NYC office of veteran affairs Intellectual Property 101, November 20, 2014
  • Panelist: Entrepreneur and Small Business Forum (Bruce Crawford), Validating your Start Up, November 20, 2014
  • Presenter: The Consortium of Eastern Theater Owners, Copyright and Trademark Issues in Theater, SUNY Purchase, NY, October 21, 2014
  • Keynote speaker: Crowdfunding Banking and Lending Summit, IP Considerations in Crowdfunding, San Francisco, CA, October 17, 2014
  • Presenter: Small business administration Service Corps of Retired Executives (SCORE) Chapter, IP Presentation, Whippany, NJ, October 15, 2014.
  • Presenter: New York Comic Con - How To Land a Publishing Deal, October 10, 2014
  • Instructor: West Orange High School - Technology, entrepreneur, business, and marketing programs - Intellectual Property, October 9, 2014
  • Instructor: Parsons School Of Design - MBA Program.  Intro to IP Trademarks, September 23, 2014
  • Presenter: USPTO - Patent Pro-Bono Program - Science, Industry and Business Larary, Sept 16, 2014
  • Intellectual Property Mentor: Montclair State University - Entrepreneurship Program, 2014-2015
  • Presenter: Inventors Association of Manhattan- IP and Popular Culture, August 13, 2014
  • Speaker: New Jersey Institute of Technology Accelerator Program- Intellectual Property Overview, July 25, 2014
  • IP Mentor: Montclair State University- Entrepreneurship Program, 2014
  • Presenter: SCORE chapter presentation in IP at the Morris County Library in Whippany, NJ, October 15, 2014
  • Presenter: IP and Popular Culture, ABA-IPL meeting at IPCentral at the Boston Marriot Copley Place Hotel, Boston, MA, August 7-10, 2014
  • Presenter: Intellectual Property for Small Business, Brooklyn Small Business Development Center, Brooklyn, NY July 17, 2014
  • Presenter: Patent/Trade Secret 101, CONVERGE co-working space in Newark, NJ, July 10, 2014
  • Presenter: IP-STEM Workshop for K-12 Educators in conjunction with the U.S. PTO at West Orange High School in West Orange, NJ, July 9, 2014
  • Presenter: Intellectual Property Primer, National Society of Inventors, Roselle Park, NJ June 10, 2014
  • Presenter: Patent Primer, Speaker at Launch NJ, Parsippany, NJ June 5, 2014
  • Presenter: "Equity Crowdfunding Intermediaries: Opportunities and Challenge," CFIRA Webinar, May 1, 2014
  • Presenter: "What's the Use? A Comparative View of Trademark Use Requirements," ABA Section of Intellectual Property Law Young Lawyers Action Group, April 25, 2014
  • Presenter: "IP for Entrepreneurs: Small Business Administrations SCORE business mentoring program," Morristown Community College, April 8, 2014
  • Moderator: "Characters and the Law," ABA IPL 29th Annual Spring meeting, April 4, 2014
  • Moderator: "A Comparative Study of Patent Examination Procedures in the IP5 countries (US, China, Korea, Japan, Europe)," ABA IPL 29th Annual Spring Meeting, April 3, 2014
  • Speaker: "Economic Empowerment: Tech, Crowdfunding, & Protecting Your Ideas," Brick City Tech, Startup Newark and NJ Institute of Technology, March 25, 2014
  • Speaker: "Monetizing your Product, Service or Technology," Inventors Association of Manhattan, March 10, 2014
  • Speaker: "Intellectual Property Primer for Startups and Entrepreneurs," Brooklyn Economic Development Board, November 5, 2013
  • Quoted: "NJ businesses find investment cash through crowdfunding," Asbury Park Press, November 3, 2013
  • Speaker: "IP is All Around Us," ABA Annual Meeting, August 8, 2013
  • Co-author: "Lessons from the First Patent Infringement Lawsuit filed against a Crowdfunded Project on a Crowdfunding Portal," IP Litigator, July/August 2013
  • Moderator: "IP and the Comic Book Superhero," American Bar Association, April 26, 2013
  • Moderator: "IP and Technology," American Bar Association's 28th Annual Intellectual Property Law Conference, April 3-5, 2013
  • Speaker: "Crowdfunding?! The Questions and Realities," The Inventors Association of Manhattan, March 11, 2013
  • Speaker: "Reward-based Fundraising Sites," New York State Bar Association's Technology & Venture Law Committee, Business Law Section, January 23, 2013

Professional Memberships:

  • American Bar Association, Intellectual Property Law (ABA-IPL) Section, 2008-Present
  • AIPLA- Program Coordinator, Design Boot Camp- April 2018
  • ABA-IPL Continuing Legal Education Office- August 2018 for 3 year term
  • ABA-IPL Council Member, 8/2016-2018
  • ABA-IPL International Associates Action Group, Special Advisor, 2012-Present
  • ABA-IPL Division 5, Professional Issues, Chair, 2015- 2017
  • ABA-IPL Young Lawyer Action Group- Chair, 2010-2013
  • ABA-IPL CLE Board Vice Chair, 2010- 2018
  • ABA-IPL Membership Board, 2010- 2014
  • ABA-IPL Young Lawyer Division SciTech Committee- Chair 2011-2012
  • New York State Bar Association IP Section, 2009- Present
  • US PTO Pro Bon Advisory Council, Member, 2015-Present
  • UIA (International Association for Lawyers)- Member, 2014- Present
  • AIPPI-Israel/US Practice Committee- Member, 2015- Present

Current Activities/Employment

  • Parsons School of Design, M.A. Strategic Design Management, Adjunct Professor- 2014-present
  •  FOOD X Accelerator- IP Mentor- 2014-present
  • Jewish for Entrepreneurs Accelerator – IP Mentor- 2013- present

Education

  • Nova Southeastern University Shepard Broad Law Center, J.D., 1999
  • Oregon State University, B.S.  Chemistry, 2010
  • New York University, B.A., International Politics, Creative Writing,  1995

Bar Admissions

  • State of New York
  • United States Patent and Trademark Office

Professional Affiliations

  • American Bar Association; Intellectual Property Law Section: CLE Board member, Special Advisor of the International Associates Action Group, Division 5 Professional Issues Chair; Past Chair, Young Lawyers Action Group; PTO Affairs Committee, Pro Bono Advisory Council Member, Past Member of the Membership Board
  • AIPLA- Israel/US Practice Committee
  • AIPPI The International Association for the Protection of Intellectual Property
  • AIPPI Standing Committee on IP and Green Technology 
  • UIA    International Association of Lawyers
  • NYBSA New York State Bar Association
  • NCBA National Cannabis Bar Association
  • LES Licensing Executives' Society

Outside Interests

  • Volunteer Lawyers for the Arts
  • Mediate Arts, mediator
  • Inventors' Association of Manhattan
  • Montclair Entrepreneurs Meetup
  • Brick City Tech Meetup

Awards and Achievements

  • 2013 Empire State Counsel Honoree
  • 2011 ABA Annual Meeting, Outstanding Leadership Contribution
  • 1st Annual ABA-CLE Partner Appreciation Awards, Stellar Member Award

Languages

  • Hebrew
  • Japanese
  • Yiddish
 

Gearhart Law LLC
Innovation Plaza, Suite 1A 41 River Road, Summit, NJ , 07901, USA 5 Penn Plaza, New York, Ny , 10001, USA 3401 Market Street, Philadelphia, PA , 19104, USA
Phone: 908.273.0700,
Phone: 212.896.3933 ,
Phone: 267.225.4066, $$$