Robert Day

Bob’s practice focuses on patent prosecution and strategic patent portfolio management.

Bob’s experience includes serving as both outside and in-house patent counsel, enabling him to help clients identify and achieve their business goals.

As in-house counsel for two medical device companies, he grew the respective patent portfolios more than five-fold and advised research and development (R&D) teams on freedom-to-operate in view of new product development activities. Before becoming a lawyer, Bob’s career included serving as a U.S. Navy submarine officer, a technical product specialist in the engineering test and measurement field, and a field clinical engineer for implantable cardiac rhythm management devices. With this background, Bob brings an understanding of a wide range of technical and practical issues to the practice of Patent Law.

Bob’s practice includes all aspects of patent prosecution, including inventor interviews, application drafting and filing, responding to office actions, client counseling and examiner interviews. Bob also prepares freedom-to-operate opinions for clients in a range of technology-related industries, with a particular emphasis on the medical device industry.

• Directed all stages of patent portfolio development for a new medical device product, from initial inventor interviews, to patent drafting, prosecution, and issuance of a family of related patents. Efforts included recurring freedom-to-operate analysis from product development to product launch, as well as subsequent enforcement and licensing activities.
• Engaged with R&D team to develop new diagnostic algorithm for measuring physiologic parameters, generating new IP and navigating around competitive IP in the process.
• Drafted patent applications and acquired a third-party patent to support a new medical device product idea. When the product idea was later taken up by a start-up company, wrote the licensing agreement to facilitate commercialization efforts by the start-up.
• Performed and supervised IP Due Diligence efforts in conjunction with acquisition of a medical device company, resulting in creation of a new business unit.
• Managed efforts of outside litigation counsel during patent infringement lawsuit that went to trial. Negotiated a settlement to the case just prior to scheduled closing arguments.
• Managed the transfer of an entire patent and trademark portfolio between affiliate entities as part of a major organizational restructuring effort.

Education

• University at Buffalo School of Law, State University of New York, J.D., 2003, magna cum laude
• University of Minnesota, M.B.A., 1996
• Navy Nuclear Power School, 1988
• University of Wisconsin, B.S., Electrical Engineering, 1986, with distinction

Admissions

• Minnesota
• New York
• Patent and Trademark Office, Reg. No. 54,059

Professional Activities

• American Intellectual Property Law Association
• Minnesota Intellectual Property Law Association

Community

• Camp Odayin, Board Member, 2011-2014