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David L. Nocilly

Member

Syracuse, NY

(315) 218-8530

(315) 218-8100 fax

Bar/Court Admissions

  • New York
  • U.S. Court of Appeals for the Federal Circuit
  • U.S. District Court for the Northern District of New York
  • U.S. District Court for the Western District of New York

Education

  • Syracuse University College of Law (J.D., summa cum laude, 2000)
  • Cornell University (B.S. in Biology, 1991)

David L. Nocilly

David is an Intellectual Property Law attorney and a registered patent attorney that has prepared and prosecuted numerous U.S. and foreign patent applications in the biotech, medical device and electromechanical fields, including patents covering infusion pumps, electrosurgical scapels, genetic assays, pulmonary diagnostic devices, microRNA amplification processes and NMR detectors. In addition to crafting invention disclosure programs and training employees on the important aspects of the intellectual property protection process, David assists universities, research institutions and private companies of all sizes develop and implement strategies to derive the value from their intellectual property.

David has served as lead counsel in numerous patent, trademark, copyright and trade secret litigation matters and has first chair trial experience in federal district court and before the U.S. International Trade Commission on matters involving nationally known consumer electronic goods, medical devices, computer software systems, ground fault circuit interrupters and even roller coasters.

As an adjunct professor at Syracuse University College of Law, David teaches an upper level course on patent prosecution and strategy. He has also lectured on intellectual property protection strategies for the Special American Business Internship Training (SABIT) Program of the U.S. Department of Commerce, business and industry leaders, undergraduate and graduate business classes and entrepreneurial programs.

David has served as a board member for MedTech, a non-for-profit association of pharmaceutical, biotech and medical technology companies dedicated to boosting the success and growth of the Upstate New York Bio/Med industry through collaboration, information and education.

Representative Matters

Recent Patents

  • 8,170,271 System and method for test tube and cap identification
  • 8,163,539 Bacteriorhodopsin-based photochromic sensor for detection of chemical and environmental toxins
  • 8,076,075 System and method for diagnosis of neuropsychiatric disorders
  • 8,012,338 Method for preparing biomedical surfaces
  • 8,005,280 Optical imaging clinical sampler
  • 7,982,201 System and method for detection of liquid level in a vessel
  • 7,930,073 Method and system for controlling airfoil actuators
  • 7,927,387 Comprehensive gasoline and diesel fuel additive
  • 7,892,594 Enhanced bio-assays by using gradient nanotopgraphy
  • 7,790,442 Bacteriorhodopsin-based photochromic sensor for detection of chemical and environmental toxins
  • 7,743,975 Infusion pump having radiofrequency identification and optical imaging capabilities
  • 7,668,699 Optimized stochastic resonance method for signal detection and image processing
  • 7,641,144 Cross-flow fan propulsion system
  • 7,614,554 Electrosurgical device having RFID and optical imaging capabilities
  • 7,610,102 Strain relief system for spinal cord stimulation lead
  • 7,477,925 Erythema measuring device and method 

Federal Trial Experience

  • Member Services Inc. v. Security Mutual insurance Company of NY, 3:06-CV-1164 (NDNY) -- Defended mutual insurance company from trade secret misappropriation and copyright infringement claims at jury trial; case settled post-trial.
  • In re Certain Ground Fault Circuit Interrupters & Prods. Containing Same, Inv. No. 337-TA-615 (Int'l Trade Comm'n 2009) -- Asserted patent infringement claims for leading manufacturer of ground fault circuit interrupters at bench trial and obtained exclusion order against foreign manufacturers.
  • Kernius et al. v. International Electronics, Inc. (D. Md.) -- Acted as lead trial counsel for patent invalidity plaintiff at jury trial and negotiated settlement pending an appeal to the Federal Circuit.
  • Zaire v. Mitchell, et al., 9:95-CV-01171 (N.D.N.Y.) -- Served as court-appointed jury trial counsel for civil rights plaintiff.

Recent IP Litigation

  • Noatek, LLC v. Cooper-Atkins Corporation, et al., 2:10-CV-7900 (CD Ca) -- Successfully defended leading manufacturer and provider of quality time, temperature and humidity instruments from patent infringement claims brought by a non-practicing entity;
  • Pass & Seymour, Inc. v. Hubbell Inc.,5:07-CV-0272 (N.D.N.Y.) -- Argued construction of patent claims at a Markman hearing for wiring device manufacturer; case settled prior to trial;
  • Hubbell Inc. v. Pass & Seymour, Inc., 3:08-cv-1656 (D. Conn.) -- Obtained summary judgment of patent non-infringement and patent invalidity in favor of nationally known wiring device manufacturer;
  • D & D Group Pty Ltd et al v. Nationwide Industries Inc., 3:08-cv-00236 (S.D. Ca.) -- Briefed and obtained summary judgment of non-infringement in favor of leading manufacturer of fence products;
  • Finatek, LLC v. Capital Market Services, LLC et al , 04-CV-5267 (S.D.N.Y.) -- Defended foreign currency exchange broker from copyright infringement claims and negotiated settlement prior to trial;
  • Kernius et al. v. International Electronics, Inc. (D. Md.) -- Obtained favorable construction of asserted patent claims at a Markman hearing as well as finding of non-infringement as a matter of law;
  • Leonardi Mfg. Co. Inc. v. CMD, 5:04-CV-436 (N.D.N.Y.) -- Obtained favorable construction of asserted patent claims at a Markman hearing and settled case prior to trial.