David Raczkowski, Ph.D., is a partner at Kilpatrick Townsend & Stockton LLP. Dr. Raczkowski focuses his practice on patent prosecution and counseling. He has experience in patent portfolio management and development, and client counseling. He works with clients to identify inventions from general product specifications and evaluate patentability to determine patent strategy for a single patent application or across a patent family. His experience also involves preparing validity/invalidity, non-infringement and freedom-to-operate analysis, and in identifying possible infringement by competitor’s products, as well as drafting claims to cover a competitor’s products.
His representative fields of technology include bioinformatics; medical diagnostics; data analysis of biological data; image processing; machine learning and artificial intelligence; cryptography; databases and cloud computing; programmable logic (e.g., I/O circuits and timing, and software design of circuits); computer hardware, such as graphics processing and hard drives; data transmission, including error checking; networking; control systems for energy management; nanotechnology (e.g. carbon nanotubes); power supplies; and financial transactions and other Internet commerce.
Prior to joining the legal profession, Dr. Raczkowski conducted research as a postdoctoral fellow in scientific computing and computational physics at Lawrence Berkeley National Laboratory. Specific areas of research included scaling software to run on massively parallel machines (up to 1,000 processors), optimization methods for the solution of differential equations in electronic structure calculations, molecular dynamics calculations and improved efficiency of sparse matrix multiplications. Areas of research in materials science and physics included investigations into defects in silicon and silicon carbide, yttrium dopants in zirconia, carbon nanotubes, and quantum well effects in metallic alloys exhibiting giant magnetoresistance.
Dr. Raczkowski was recognized as a 2013, 2014 and 2015 Northern California “Rising Star” for Intellectual Property by Super Lawyers magazine.
A strategy for the COVID-19 pandemic is testing for antibodies to determine possible immunity. Such diagnostic tests may suffer from a high false positive rate. Improving accuracy is therefore desirable. However, the U.S. Patent and Trademark Office (USPTO) is generally not receptive to diagnostic claims that improve accuracy. The recent case of CardioNet v. Infobionic, makes patenting more accurate diagnostics easier. CardioNet considered whether a more accurate cardiac monitoring device was eligible. Claim 1 recites a device that detects abnormal heart rhythms (atrial fibrillation or atrial flutter) in a patient. The district court held that the claims were directed to an abstract idea of identifying atrial fibrillation or atrial flutter “by looking at the variability in time between heartbeats and taking into account ventricular beats.” The Federal Circuit reversed and held an improved cardiac monitoring device was not an abstract idea.