David A. Blumenthal is a retired partner in Foley's Washington, D.C. and Los Angeles offices. A member of the firm's Electronics Practice, Dr. Blumenthal counsels clients in the patentability of computer-related inventions, trade secret protection, and licensing. He also represents clients in patent prosecution, copyright, patent and copyright litigation. Dr. Blumenthal is also a member of the International Business and Automotive Industry Teams.
Dr. Blumenthal has a technical background in experimental nuclear physics, electrical and computer technologies. He negotiates and documents technology-licensing agreements and agreements regarding the transfer of patents and know-how, trademark rights, and joint research and development projects. Dr. Blumenthal was the principal attorney in the first case to establish successfully the copyright doctrine of unit publication applied to a database and computer program stored on magnetic medium.
Dr. Blumenthal has published several articles on the patentability of computer software, programs, and computer-related inventions in the Journal of the Patent Office Society and other sophisticated professional technology journals. One of his articles was cited by the U.S. Supreme Court in an important decision relating to the patentability of computer-related inventions. He is a contributor to the coursebook Electronics and Computer Patent and Copyright Protection, published by the Patent Resources Institute.
Dr. Blumenthal is a member of the Patent, Trademark and Copyright Law Section of the American Bar Association, the American Intellectual Property Law Association, and the Los Angeles Intellectual Property Law Association.
Dr. Blumenthal is a graduate of the College of William and Mary (B.S., 1966), Phi Beta Kappa; the University of Pennsylvania (M.S., physics, 1967; Ph.D., nuclear physics, 1970); and The George Washington University Law School (J.D., with honors, 1974).
Dr. Blumenthal is admitted to practice in California, Virginia, and the District of Columbia, and before the U.S. District Court for the Central District of California, the U.S. District Court for the Eastern District of Virginia, the U.S. Claims Court, the U.S. Court of Appeals for the Federal Circuit, and the U.S Supreme Court. He represents clients before the International Trade Commission and other regulatory bodies. He is registered to practice before the U.S. Patent and Trademark Office.