David Toma Senior Counsel

New Jersey
T 973.597.6326 | F 973.597.6327

David is a registered patent attorney and Counsel in the firm’s Tech Group. David also currently serves as Director of the Patent Prosecution Practice Group where he manages day-to-day needs of the patent team across all of the firm’s offices and provides strategic guidance on matters relating to growth of the patent practice.

David’s practice is focused primarily on preparing, prosecuting and procuring patents in a variety of technological disciplines, particularly on subject matter relating to medical devices, electro-mechanical apparatuses, business methods and the computer arts. He advises clients and advocates on their behalf various issues pertaining to domestic and foreign patent prosecution.

During his career, David has played a significant role in developing patent portfolios and leads a team of technically sophisticated prosecutors in delivering high caliber legal services to our clients. David also has extensive experience in evaluating validity and infringement issues, preparing freedom to operate opinions, performing patentability assessments, and conducting IP due diligence investigations for corporate clients involved in mergers, acquisitions and other various strategic investments.

As a testament to his reputation and dedication to the field of intellectual property, David serves as an adjunct professor at Rutgers University - School of Law and Seton Hall University - School of Law where he teaches courses related to the patent prosecution practice.

Prior to joining the firm, David was a staff attorney and a patent agent with the intellectual property group of Schulte Roth & Zabel LLP in New York, where he managed a patent prosecution docket for two of the group’s largest clients. David was also a technical advisor in the Patent Agent Training Program at Fish & Neave LLP in New York.

Representative Engagements

Represent BioDynamics, managing the client’s patent prosecution portfolio in the areas of surgical implants and orthopedic reconstruction.
Represented Johnson & Johnson companies, providing patent advice and preparing multiple formal opinions relating to implantable drug delivery systems and spinal devices.
Represented JPMorgan Chase, serving as lead patent counsel for the client and managing their prosecution portfolio (also served as interim patent counsel for JPMorgan on secondment from the firm from September 2013 thru February 2014).


The Nuances of the America Invents Act of 2011
Metropolitan Corporate Counsel, June 2011
Mark Kesslen, David Toma
What You Need to Know About the USPTO’s New Prioritized Patent Examination Process (“Track I”)
Patent Law Alert, April 19, 2011
Mark Kesslen, David Toma

Press Mentions

Lowenstein Sandler represented The Estée Lauder Companies Inc., one of the world’s leading manufacturers and marketers of quality skin care, makeup, fragrance and hair care products, in its acquisition of By Kilian, a Paris-based prestige fragrance brand. The acquisition creates a strategic opportunity for Estée Lauder to enhance its leadership in the ultra-luxury fragrance market. Terms of the deal were not disclosed. Led by partner Marita Makinen, the Lowenstein deal team includes Annie Nazarian Davydov, Kim Donnelly Rowe, Matt Savare, David Toma, Darren Goodman, Christine Osvald-Mruz, Megan Monson, Michael Walutes, Lesley AdamoMarc Lomasky and Manali Joglekar. , February 25, 2016
Lowenstein Sandler is representing The Estée Lauder Companies Inc., one of the world’s leading manufacturers and marketers of quality skin care, makeup, fragrance and hair care products, in its pending acquisition of GLAMGLOW, the Hollywood skin care brand focused on fast-acting treatment masks designed to deliver stunning, camera-ready results. Terms of the deal were not disclosed. The acquisition is expected to close in February 2015. The Lowenstein team includes Marita A. Makinen, Seth T. Goldsamt, Michele J. Alexander, Lynda A. Bennett, Jeffrey Blumenfeld, David Leit, Christine Osvald-Mruz, Matt Savare, Jeffrey M. Shapiro, Jack Sidorov, Jeri L. Abrams, Julie Levinson Werner, David Toma, Lesley Pruzansky Adamo, Kimberly Donnelly Rowe, Annie Nazarian Davydov, and Marisa A. White. , December 19, 2014
We are representing The Estée Lauder Companies Inc. in its acquisition of Le Labo (“The Lab”), a high-end fragrance and sensory lifestyle brand with a distinct French heritage and an emphasis on fine craftsmanship and personalization in its products and services. Terms of the deal were not disclosed. The acquisition is expected to close in November 2014. The Lowenstein team includes Marita Makinen, Ethan Skerry, Matthew Savare, Michele Alexander, Andrew Graw, Jeff Shapiro, Jeri Abrams, David Toma, Alex Leibowitz, Lesley Pruzansky Adamo, Jake Filak and Darren Goodman. , October 15, 2014

Related Areas

Life Sciences
Patent Counseling & Prosecution
The Tech Group


New York Law School ( J.D. , 2005 )
Rutgers University, School of Engineering ( B.S. , 2000 ) , Eta Kappa Nu

Bar Admissions

New Jersey
United States Patent and Trademark Office

Court Admissions

2007 , U.S. District Court, District of New Jersey
2007 , U.S. Court of Appeals, Federal Circuit


  • Adjunct Professor, Rutgers University (School of Law – Newark)
  • Adjunct Professor, Seton Hall University (School of Law – Newark)
  • Center for Innovative Ventures of Emerging Technologies (Rutgers University)
    • Board Member, Innovation Sounding Board