David A. Fitzgerald II

David A. Fitzgerald II

  • Partner

David A. Fitzgerald II is a Partner at Wood Herron & Evans whose practice spans patents, trademarks, licensing, and strategic intellectual property counseling.

David prepares and prosecutes utility patent applications, provides patentability and freedom-to-operate opinions, and advises clients across a broad range of mechanical and aerospace technologies. His experience includes innovations involving food preparation and handling systems, energy generation and drilling technologies, industrial cleaning equipment, liquid dispensing systems, tire technologies, aircraft flight controls and environmental control systems, cryogenic refrigeration, and wind turbine technologies.

In addition to his patent practice, David has developed a nationally recognized practice representing game designers, publishers, and studios in both the tabletop and digital gaming industries. He advises clients ranging from independent inventors and startup companies to established game publishers on trademarks, copyrights, licensing, branding, and broader IP strategy. David is a frequent speaker on intellectual property issues affecting the gaming industry at national conventions and industry events, and he is an active member of The Tabletop Game Association’s (GAMA) Legal Advisory Subcommittee.

David also regularly prepares and prosecutes U.S. design patent applications and coordinates foreign design protection, helping clients develop practical, cost-effective intellectual property strategies that align with their business objectives.

David joined Wood Herron & Evans in 2007 and has devoted his practice exclusively to intellectual property law since 2008. He lives on Cincinnati's east side with his wife, Kelley, and their three daughters.

Areas Of Practice

  • Licensing
  • Mechanical/Aerospace
  • Patents
  • Trademarks
  • Designs

Bar Admissions

  • Ohio, 2008
  • U.S. Patent and Trademark Office
  • U.S. District Court Southern District of Ohio

Education

  • Ohio State University Michael E. Moritz College of Law, Columbus, Ohio
    • J.D. – 2008
    • Honors: magna cum laude
    • Law Journal: Ohio State Journal on Dispute Resolution, Executive Editor
  • Ohio State University, Columbus, Ohio
    • B.S. – 2005
    • Honors: summa cuma laude
    • Honors: Interned in the sonic drilling industry, 2002 – 2004
    • Major: Mechanical Engineering

Classes / Seminars

  • Annual presentations at various game conventions and trade shows, including Origins Game Fair (Columbus, Ohio) and GenCon (Indianapolis, Indiana) on intellectual property since 2010, entitled “Protect Yourself! What Game Designers Need to Know About IP Law”
  • Guest appearances on podcasts regarding intellectual property law, including The Game Design Roundtable (2013, episode 24), The Part Time Gamers (2016, episode 24), The Geek Allstars (recurring in 2016 - 2021, episodes 132, 136, 166, 187, 216 & 222), and a long-running weekly segment entitled Legal Geek, focusing on law-related issues appearing on the show Current Geek (2014 - 2020)
  • Columnist at Talking 10 focusing on College Athletics from 2014 - 2017 (previously a Featured Columnist on Bleacher Report from 2011 - 2014 and a National Features Writer at Southern College Sports from 2005 - 2011), Football Writers Association of America (FWAA) member

Honors And Awards

  • Ohio Super Lawyers®, Ohio Rising Stars, 2018 - 2023

Professional Associations And Memberships

  • Game Manufacturer’s Association (GAMA), Member/Presenter, 2024 to Present
  • CincyIP
  • Cincinnati Bar Association
  • Ohio State Bar Association
David A. Fitzgerald II

Phone:

Fax:

513-241-6234