David S. Nay

Companies pursue patents for many different reasons—protecting market share, attracting investors, signaling innovation, or strengthening a future acquisition. David Nay begins every engagement with a simple but critical question: “Why do you want a patent?” The answer shapes everything that follows.

David works with founders, in-house counsel, and innovation teams to ensure patents serve the client’s broader business strategy, not just legal formalities. He focuses on building intellectual property that signals value to investors, competitors, partners, and the marketplace. His approach recognizes that most patents are never litigated; their real value often lies in how effectively they support growth, credibility, and competitive positioning.

He is known for translating complex inventions into clear, compelling patent narratives that resonate with both technical examiners and business audiences. His work often reflects the same funnel structure used in product and marketing strategy, starting with the big idea and building toward precise technical protection.

David tailors patent strategies to the goals of each organization. For startups, patents can help communicate sophistication and protected investment value to venture capital firms and strategic partners. For established brands, patents can reinforce product differentiation and generate compelling stories for media, customers, and early adopters. For large corporations, thoughtful portfolio development can demonstrate innovation leadership to investors and the market.

David built a diverse career advising organizations across industries ranging from automotive and consumer goods to digital assets and medical technology. The core of his practice is patent portfolio management, including patent preparation and prosecution, advanced design counseling, and risk management and mitigation. His experience includes helping to lead a patent strategy for digital innovation initiatives at Nike, where his work on NFT-related technologies helped establish one of the market’s most visible patent portfolios in that emerging space.

Clients also value David’s commitment to long-term relationships. He frequently works alongside founders and executives for years as their companies grow, evolve, and pursue new innovation opportunities. In one example, he has supported a medical device entrepreneur through multiple ventures, including the development of a diagnostic tool designed to bring objective measurement to spinal decompression surgery and the subsequent growth of a new technology company following a prior acquisition by Johnson & Johnson.

Across every engagement, David’s goal is the same: to ensure patents function as strategic assets that help clients build stronger companies.

Articles

• USPTO Releases New Guidance on AI-Assisted Inventions
• The Next Frontier: How AI Can Evolve to Transform a Patent Practice
• The Rise of Robot Lawyers? How AI is Transforming Patent Practice
• MORE THAN DIGITAL GARBAGE PAIL KIDS: The Paradigm, Use Cases, and Protection of NFTs

Recognition

2017, 2014, 2013 Super Lawyers “Rising Stars”