Profile
David Magee is a commercial and intellectual property attorney with more than 25 years of experience serving as principal outside counsel and litigator to Fortune 500 companies, private equity, privately held enterprises, and emerging growth businesses. His practice spans commercial transactions and disputes, intellectual property, regulatory compliance, and government investigations across technology, life sciences, manufacturing, real estate, energy infrastructure, sports production, entertainment, and media.
David works as an extension of his clients' legal and business teams, advising boards and executives, structuring and negotiating the commercial agreements that drive revenue, managing litigation and transaction portfolios to budget, and building compliance programs under a variety of regulatory frameworks. Drawing on his engineering background, he rapidly distills complex operational, industrial, and technical issues into practical, business‑first counsel, and he applies AI‑enabled research, contract analytics, and data tools to pursue results efficiently.
David regularly negotiates and drafts licenses, SaaS/PaaS/IaaS agreements, distribution and development agreements, sponsorship and influencer arrangements, media and digital content rights, and confidentiality agreements. He supports corporate transactions and investments through intellectual property and technology diligence, portfolio valuation and total addressable market analysis, and post‑closing licensing and integration, and he counsels clients on IP portfolio development, protection, and monetization across all phases from procurement through enforcement.
David’s dispute experience includes complex commercial, patent, trademark, copyright, and trade secret matters before U.S. District Courts, the International Trade Commission, the Patent Trial and Appeal Board, the Trademark Trial and Appeal Board, and state courts, as well as False Claims Act matters and government investigations conducted by the Department of Justice, and OSHA. He has secured judgments, enhanced damages, permanent injunctive relief, exceptional‑case fee awards, and sanctions for clients as both plaintiff and defendant.
Concentrations
- Commercial transactions and technology agreements
- Patent, trademark, copyright, and trade secret litigation
- Commercial litigation and dispute resolution
- International Trade Commission Section 337 investigations
- Intellectual property counseling, licensing, due diligence, valuation, and opinions
- Intellectual property and technology diligence for acquisitions, investments, and strategic alliances
- Regulatory compliance and government investigations
- Real estate, environmental, energy, and construction matters
- Sports, entertainment, and media
Capabilities
Experience
- Serves as long‑standing principal outside counsel to motion picture and broadcast production equipment and professional service companies on intellectual property, tariffs, licensing, media rights, venue negotiations, and significant commercial litigation.
- Counsels manufacturing and industrial clients on commercial, supply chain, and regulatory matters, including export controls, privacy, and OSHA compliance.
- Advised a large regional energy infrastructure company on multi‑state licensing and the regulatory establishment of engineering entities in 22 states.
- Negotiated commercial agreements including licenses, SaaS/PaaS/IaaS, distribution, sponsorship, and confidentiality agreements for technology, media, and industrial clients.
- Represented an Israeli wireless data transmission company and its U.S. affiliate in trade secret and copyright litigation in the U.S. District Court for the Southern District of New York against a Chinese entity and its New York‑based distributor. Secured dismissal of the opposing party's antitrust, unfair competition, and trade secret counterclaims, and obtained more than $400,000 in monetary sanctions, adverse inference relief, and related fee awards arising from failures of evidence preservation. The dispute resolved shortly after entry of the sanctions award.
- Represented a leading manufacturer of LED light arrays used in professional studio and motion picture production in a Section 337 investigation. Trial resulted in the rare issuance of a general exclusion order. Worked with U.S. Customs officials to enforce the order and seize infringing articles at ports of entry.
- Secured a non‑monetary settlement and dismissal with prejudice in the U.S. District Court for the District of Delaware on behalf of an LED lighting company and three leading motion picture production studios, with the plaintiff issuing a public notice confirming that the accused products did not infringe the six asserted patents.
- Obtained a $2.76 million judgment and permanent injunction on behalf of a semiconductor technology company in a licensing dispute involving its patented technology in the U.S. District Court for the District of New Jersey.
- Obtained a $2.24 million judgment, including attorneys' fees following an exceptional case determination, on behalf of a patent holder in litigation involving semiconductor technology in the U.S. District Court for the Southern District of Ohio.
- Obtained a judgment on behalf of a patent holder in LED lighting technology patent litigation in the U.S. District Court for the Eastern District of Texas, including reasonable royalty damages, enhanced damages based on willful infringement, prejudgment interest, and an exceptional case determination entitling the client to attorneys' fees and costs.
- Secured dismissal with prejudice of a patent infringement action in the U.S. District Court for the Middle District of Florida on behalf of a remote access software company.
- Represented a client through trial in trademark oppositions before the Trademark Trial and Appeal Board, obtaining a final decision sustaining both oppositions and refusing registration on the ground that the proposed marks were merely descriptive.
- Represented a plaintiff health sciences corporation in a patent infringement action relating to its automated tissue processing systems used in the diagnosis of a variety of diseases. The four‑week jury trial resulted in a verdict finding infringement on all asserted claims, which was upheld on appeal before the Federal Circuit.°
- Represented a multinational technology company specializing in internet‑related services and products in several matters, ranging from alleged infringement of patents covering methods used in generating differential update packages for mobile device operating systems to patent claims related to the use of non‑cellular signals in determining a user's location.°
- Represented a semiconductor industry client in an ITC Section 337 investigation directed at the importation of mobile processors incorporating the client's patented integrated circuit features. Three‑week trial resulted in settlement.°
- Represented a designer and manufacturer of digital microphone and noise‑reduction products in an ITC Section 337 investigation directed at the importation of devices incorporating directional microphone arrays and associated software. Resolved on the eve of trial with settlement.°
- Represented numerous clients before the PTAB in challenging and defending patent claims through post‑grant proceedings, including inter partes review and reexamination, and obtained denial of institution at the preliminary response stage.°
- Represented a leading commercial real estate industry platform and cloud service provider in transactions and disputes, including the protection of trade secrets and response to cybersecurity breaches.°
- Served as the technical lead attorney representing the Macondo well leasehold joint venture partners in defense of claims and numerous government investigations stemming from the accident onboard the Deepwater Horizon and the resulting hydrocarbon release into the Gulf of Mexico.°
- Represented the joint venture management consultant in defense of claims and government investigations arising from the design and construction of Boston's $24.3 billion Central Artery/Tunnel Project (the "Big Dig").°
- Represented the design joint venture in defense of claims from the $4 billion redevelopment of LaGuardia Airport Central Terminal B in New York City, the largest public‑private partnership undertaken in the United States.°
- Represented engineering, design, and development clients on risk management and litigation for major mixed‑use and transportation projects, including the Goethals Bridge Replacement, Tappan Zee Bridge, and MBTA Green Line Extension.°
- Represented a mega‑project materials subcontractor in defense of False Claims Act investigations by the Department of Justice, resulting in the government closing its investigation without action.°
- Represented a key subcontractor in defense of claims and government investigations related to the ceiling collapse of the D Street portal of the Interstate 90 connector tunnel in Boston.°
- Represented an industrial manufacturer in defense of claims and government investigations related to an explosion of cylinders containing borane‑tetrahydrofuran at a chemical manufacturing facility.°
- Represented a gas‑turbine power generation owner and operator in claims against its general contractor for breach of contract for failure to meet gas supply obligations, plant efficiency, and output requirements.°
- Participated in two month‑long jury trials involving electrical, mechanical, and software control systems, resulting in verdicts for clients that were upheld on appeal.°
- Represented private equity and family offices in evaluating and securing intellectual property portfolios for acquisitions and investments in companies operating in the energy and technology industries.
- Evaluated large technology and patent portfolios consisting of thousands of assets for valuation and total addressable market potential to identify assets for investment, license, and/or sale; identified market participants, developed licensing programs to maximize client return on investment, and negotiated the resulting agreements and licenses.
- Advised startups and multinationals on corporate partnering, strategic alliances, licensing, and financings across the manufacturing, technology, and life sciences sectors.
- Member of the deal team recognized as winner of the 13th Annual International M&A Awards for an international transaction.°
° The above representations were handled by Mr. Magee prior to his joining Greenberg Traurig, LLP.
Recognition & Leadership
- Selected, Massachusetts Lawyers Weekly, "Go‑To IP Lawyer," 2023
- Deal team recognized as winner, 13th Annual International M&A Awards
- Selected, Massachusetts Rising Star
- Member, American Bar Association
- Chair, Young Lawyers Division Antitrust Committee, 2008-2009
- Member, Massachusetts Bar Association
- Member, Boston Bar Association
- Member, Boston Patent Law Association
- Volunteer, Father Bill’s & MainSpring, 2016-Present
- Pro Bono Attorney, Middlesex County District Attorney Domestic Violence Program, 2014-Present
- Member, Human Rights Board, Cardinal Cushing Centers, Inc., 2017-2019
Credentials
- J.D., Northeastern University School of Law
- B.S., Engineering, Northeastern University College of Engineering
- Massachusetts
- Texas
- U.S. Patent and Trademark Office