Douglas A. Gastright
Partner
With nearly 10 years of experience as a full stack software developer prior to his practice as an attorney, Doug takes a practical and business-centric approach when assisting clients in the protection and commercialization of their innovations. Doug’s practice primarily focuses on preparation and prosecution of patent applications in a variety of software- and technology-related fields including blockchain, artificial intelligence, machine learning, virtual reality, augmented reality, additive manufacturing, and automation, and his practice also includes broad experience in reviewing, drafting, and negotiating software and technology agreements.
As part of the Venture Law group, Doug has extensive experience working with startup companies, and supports those clients through growth, investment, and acquisition with a deep understanding of their challenges, limitations, and needs. Additionally, his in-house software development experience at The Kroger Co. and General Electric has given him insight into both the technology practices and IP needs of Fortune 500 companies, with such insight further guiding his support of both startup companies and more traditional organizations alike.
Doug is active in the Cincinnati entrepreneurial community as a longtime mentor for groups including Cintrifuse, OCEAN accelerator, and SoCap Accelerator. Doug has also supported the University of Cincinnati College of Law’s Patent and Trademark Clinic as a supervising attorney for a number of years, and was selected to be co-director of the Clinic in 2021.
Education & Admissions
Education
- University of Kentucky College of Engineering
(B.S., Computer Science 2005)
- Salmon P. Chase College of Law, Northern Kentucky University
(J.D., summa cum laude, 2013)
Admissions
- State of Ohio
- U.S. Patent & Trademark Office
Experience
REPRESENTATIVE EXPERIENCE
- Advises clients on the protection of software and other intellectual property through patents, trademarks, copyrights, trade secrets, and technology agreements.
- Provides contract drafting, review, and negotiation for complex technology and intellectual property agreements, including: end-user license agreements; software-as-a-service (SaaS), cloud service, consulting, and other service agreements, both as standalone transactions and under master service terms; website terms of service and privacy policies; support and maintenance agreements; service level agreements; beta license agreements; OEM, reseller, and distribution agreements; and open source licenses.
- Navigates complex patent eligibility questions under 35 USC 101 in view of CLS v. Alice and related case law to secure patent protection for software implemented inventions.
- Interfaces directly with inventors and software owners to identify key points of novelty within software inventions and hidden risks in software transactions.
- Drafted and filed U.S. patent applications for more than 200 software and mechanical inventions, with a particular emphasis on additive manufacturing, artificial intelligence, medical devices, and virtualization of 3D spaces.
- Assists clients in filing foreign patent applications directly and through the patent cooperation treaty, coordinated with foreign counsel throughout prosecution of foreign applications.
- Assists clients with patent prosecution including examiner interviews, office action responses, appeals, and post-issuance issues.
- Provided litigation support for patent infringement and software transaction litigation, including management and coordination of electronic discovery database, research, and deposition support.
- Developed software applications to assist with PAIR based patent analytics and claim drafting.
- Provides mentoring and education within startup communities and accelerators, including UpTech, INKUBATOR, Ocean, Cincy Tech, SoCap Accelerate, and Cintrifuse.
Publications & Presentations
Publications
- “Software APIs Protected by Copyright but Questions on Fair Use Remain,” Ohio State Bar Association, Intellectual Property News (September 2014)
Presentations
- NKU Cybersecurity Symposium – Managing Risk in the Age of the Smart Toaster (2018)
Involvement
PROFESSIONAL AFFILIATIONS
- American Bar Association
- Ohio Bar Association
- Cincinnati Bar Association
- Cincinnati Intellectual Property Law Association
- Intellectual Property Owners Association
COMMUNITY INVOLVEMENT
- Executive in Residence at Cintrifuse LLC (Mentor, 2017-present)
- Pro Bono representation of Ronald McDonald House in software development transactions (2018)
- Ocean Accelerator (Mentor, 2016-present)
- Leadership Council on Legal Diversity (Mentor, 2014-present)
- SoCap Accelerate (Mentor, 2019-present)
- Law and Leadership Institute (Mentor and Coordinator, 2014-2015)
- University of Cincinnati Pro Bono Patent and Trademark Clinic (Mentor, 2017-present)
- Wallace Woods Neighborhood Association (Web Developer and Administrator, 2010-present)
Honors
- Northern Kentucky University, Salmon P. Chase College of Law, J.D., summa cum laude, ranked #1 in class
- Named to the Ohio Super Lawyers Rising Stars list (2022)