In Memoriam: David Kline, IP Journalist and Rembrandts in the Attic Co-Author

By Bruce Berman
December 7, 2020

David Kline passed away last month after battling esophageal cancer. He was an unsung hero in the quest to make intellectual property better understood and more widely accepted.

David was best-known in the IP community for Rembrandts in the Attic, a still controversial book about patent monetization he co-wrote with Kevin Rivette and published in 1999. Later, “The Burning of the Ships” with Marshall Phelps, about Microsoft’s evolution in IP strategy and licensing.

David was responsible for writing and editing “The Intangible Advantage,” an important text book for students, that is currently distributed for free by the Michelson Institute for Intellectual Property.

A Pulitzer-nominated journalist, ghost writer and business consultant, David was a former columnist for Wired and Upside magazines; reporter for New York Times, Christian Science Monitor, Atlantic, NBC News, CBS News, and Rolling Stone; consultant to Microsoft, Sun Microsystems, Hewlett-Packard and Accenture.


On a personal level, David and I were colleagues for more than twenty years, sharing stories by phone and at conferences. We had several clients in common and had discussed having Brody Berman Associates acquire his business to form a the largest IP communications consultancy. He understood the role of good communications and education in IP value, and was interested in investor relations.

David was generous about my writing and would surprise me with a note or phone call about an Intangible Investor column or IP CloseUp post. We helped each other on projects, pointing in the right direction or sharing contacts. Occasionally, we pilfered from each other in IP-affirming ways that made each of us feel good about what we produced.

David will be remembered for his clear, concise prose, broad understanding of IP and legal concepts in the context of business and the human story. He told me on more than one occasion that he preferred not to be known as a ‘ghost’ writer, even though he penned many scripts and op-eds for CEOs, but as a collaborator, conversant in the topic he covered. Marshall and many others spoke highly of David and worked closely with him in Forbes and other publications.

David and I were to meet for a coffee when I was in Portland in 2019, but he was still mending from a broken a bone in his foot. When I last spoke with him a few months ago he was dour about the prospects for getting IP on the editorial page of business or political media: “If it does not intersect with Covid or Trump they don’t want to know about it,” he told me. “In the end, it’s all about timing and luck.”

David’s impeccable reporter’s instincts were rarely off. I am sure he is still taking notes and sending them. Rest in peace, my friend.


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The Author

Bruce Berman

Bruce Berman is CEO of Brody Berman Associates, a management consulting and strategic communications firm he founded in 1988. He has supported 200+ IP-focused businesses, portfolios and executives, as well as law firms and their clients. Bruce is responsible for five books, including From Ideas to Assets (Wiley) and, since 2003, approximately 100 columns for IAM magazine. He also has written on IP for publications such as Nature Biotechnology and Forbes. His weekly observations about trends can be seen on IP CloseUp. In 2016, Bruce founded the the Center for Intellectual Property Understanding, an independent non-profit that raises awareness and provides outreach to improve IP literacy, promote sharing and deter theft.

Warning & Disclaimer: The pages, articles and comments on do not constitute legal advice, nor do they create any attorney-client relationship. The articles published express the personal opinion and views of the author as of the time of publication and should not be attributed to the author’s employer, clients or the sponsors of Read more.

Discuss this

There are currently 5 Comments comments.

  1. Aaric Eisenstein December 7, 2020 11:06 am

    That’s a lovely tribute. Well said, Bruce.

  2. Pro Say December 7, 2020 3:45 pm

    Thank you Bruce. David’s was a life well-lived.

    Condolences to his family and friends.

    Someone I, sadly, never had the opportunity to know.

  3. Gene Quinn December 7, 2020 6:24 pm

    David was a friend. I knew he was suffering from cancer, but didn’t know the end was as close as it was. He was one of the preeminent journalists of his time, and then one of the preeminent authors in the innovation space. To people in the know he was often the man behind the message. He will be missed.

  4. Tom Hochstatter December 7, 2020 8:14 pm

    David was the consummate business and IP profession on so many levels beyond “just the writing”. I had the distinct pleasure of collaborating with David on numerous projects over the years. He was a professional colleague and a friend. He will be missed by many of us that knew him directly and countless others that didn’t know they knew him through his writing with and for others.

  5. Andre zandonadi December 12, 2020 4:04 pm

    I didn’t know him personally, but his book was a great contribution to my career. Rest in peace. My condolences to the family.