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David J. Byer

Partner
+1.617.261.3115
Fax +1.617.261.3175

Mr. Byer is a partner in the Intellectual Property practice group.  Mr. Byer concentrates on intellectual property counseling and litigation, particularly on issues relating to copyright, trademark, cyberlaw and licensing.  He assists companies involved in the technology, biotechnology, publishing, manufacturing, entertainment and electronics industries to develop and exploit robust intellectual property assets in the United States and around the world.  Mr. Byer represents both licensors and licensees of world-famous brands and content across a range of industries, and he counsels those clients on advertising, promotion, and marketing issues.  Mr. Byer also advises clients on the complex issues of copyright and internet-based law, including questions concerning content, search, domain names, data protection and privacy.

Mr. Byer litigates copyright, trademark, trade dress, trade secret, advertising and unfair competition cases in courts and agencies around the United States. He also advises investors, underwriters and companies on enforcement and infringement risks.

Professional Background

Prior to joining K&L Gates, Mr. Byer was a partner in the Patent and Intellectual Property practice group of Testa, Hurwitz & Thibeault, LLP. Between 1993 and 2005, he was an adjunct faculty member at Boston University's School of Law, where he taught Trademark and Unfair Competition Law.

Achievements

  • Listed in The Best Lawyers in America©, 2012-2015
  • Listed as a Massachusetts Super Lawyer, 2006-2012

Professional/Civic Activities

  • International Trademark Association
  • American Bar Association
  • Boston Bar Association
  • American Intellectual Property Law Association

Speaking Engagements

  • "Interactive Game and Gamification Summit 2012," Legal Moderator, Seattle, Washington, November 2012
  • “Intellectual Property Year in Review 2011—Internet Law,” Boston Bar Association, Boston, Massachusetts, January 2012
  • “Creating and Protecting Global IP Assets,” European Venture Capital Association, Brussels, Belgium, October 2011
  • "Intellectual Property Year in Review 2010—Internet Law," Boston Bar Association, Boston, Massachusetts, January 2011
  • "Creating and Evaluating IP Assets," European Venture Capital Association, Kiev, Ukraine, November 2010
  • "Selling and Buying Keywords: Is It Infringement?" Boston Bar Association, Boston, Massachusetts, September 2010
  • "Creating and Evaluating IP Assets," European Venture Capital Association, Brussels, Belgium, June 2010
  • “Initial Interest Confusion,” Table Talk Moderator, International Trademark Association, Boston, Massachusetts, May 2010
  • "Who owns the Data?" MITX (Massachusetts Innovation & Technology Exchange), Boston, MA, April 2009
  • "Trademark Trial and Appeal Board," Boston Patent Law Association, Boston, MA, October 2008
  • "Venture Capital Securing and Defending IP Rights," European Private Equity and Venture Capital Association, Budapest, Hungary, October 2008
  • "Negotiating Software Licenses," National Association of Public Pension Attorneys (NAPPA), Boston, MA, June 2008
  • "Developing and Protecting Intellectual Property Rights," European Venture Capital Association Institute, Amsterdam, The Netherlands, April 2007
  • "Analysis of a Technology Licensing Agreement," Practising Law Institute (PLI), New York City, New York, March, 2007
  • "Developing and Protecting Intellectual Property Rights," European Venture Capital Association Institute, Budapest, Hungary, October 2006
  • "Analysis of a Technology Licensing Agreement," Practising Law Institute (PLI), New York City, New York, March, 2006
  • "What You Need to Know About Your Intellectual Property Rights," Benefit Advisors Network (BAN) Conference, West Palm Beach, FL, February 2006
  • "The Changing World of Intellectual Property Law," Financial Technology Forum (a division of Institutional Investor, Inc.), Boston, MA, November 2005
  • "Intellectual Property Law for the Business Owner--Who Owns it? How Can It be Protected?" MITX (Massachusetts Innovation & Technology Exchange), Boston, MA, November 2005
  • "Developing and Protecting Intellectual Property Rights," European Venture Capital Association Institute, Budapest, Hungary, October 2005
  • "Developing and Protecting Intellectual Property Rights," European Venture Capital Association Institute, Barcelona, Spain, April 2005
  • "Linux versus Windows versus UNIX: Comparing the Enterprise TCO and ROI," sponsored by The Yankee Group, Boston, Massachusetts, December 2004
  • "Hot Topics in Trademark Law 2004," Boston Patent Law Association, Boston, Massachusetts, November 2004
  • "Developing and Protecting Intellectual Property Rights," European Venture Capital Association Institute, Amsterdam, The Netherlands, November 2004
  • "Open Source Issues in M&A," sponsored by Globespan Capital Partners, Boston, Massachusetts, October 2004