David G. Luettgen



David G. Luettgen, a partner and intellectual property lawyer with Foley & Lardner LLP, offers more than 20 years of experience as a patent attorney with a particular focus in software and business method patents. Mr. Luettgen represents clients in a variety of industries, including enterprise software, mortgage finance, banking, and insurance. He also represents clients who specialize in offering services and applications to customers via consumer- and business-facing Web sites. Mr. Luettgen's other technical skill areas include control systems, imaging systems, communication systems, industrial automation, and vehicle electronics.

His practice is dedicated to counseling clients with regard to IP protection strategies, including representing clients pursuing patent protection at the U.S. Patent and Trademark Office. In addition, Mr. Luettgen's legal experience includes infringement risk assessment and avoidance, intellectual property agreement negotiation and counseling, merger and acquisition due diligence, and other intellectual property counseling.

Representative Experience

  • Devising a comprehensive risk assessment mapping 750 competitor patents against product landscape for large financial services company
  • Rapidly developing a comprehensive IP portfolio covering newly developed technology (25 patent filings in three months) for large financial services company
  • Responsibility for IP due diligence in connection with acquisition of $250 million company
  • Providing strategic advice on development and management of patent portfolio for startup software as a service company, leading to favorable acquisition
  • Successfully prosecuting over 100 business method patents


Mr. Luettgen graduated from the University of Texas School of Law (J.D., with honors, 1995) and Purdue University (B.S., electrical engineering, 1991). He served as the managing editor of the Texas Intellectual Property Law Journal.

Admissions and Professional Memberships

Mr. Luettgen is admitted to practice in Wisconsin and before the U.S. Patent and Trademark Office, and is a member of the American Bar Association, the State Bar of Wisconsin, the Wisconsin Intellectual Property Law Association, and the American Intellectual Property Law Association.

Presentations and Publications

  • Moderator, "How to Motivate Your Innovators," IP Counsel Café, April 2011
  • Author, "Effective Patent Procurement, Licensing and Defensive Strategies in a Post-Bilski Environment," chapter 7, The Impact of Bilski on Business Method Patents, 2011 ed.: Leading Lawyers on Navigating Changes in Patent Eligibility, Counseling Clients Post-Bilski, and Understanding Recent USPTO Guidelines (Inside the Minds), Thomson Reuters/Aspatore, November 2010
  • Co-Author, "Changes in Patent Eligibility Will Impact the Securities and Banking Industries," Foley & Lardner LLP Legal News: Insurance, August 2010
  • Presenter, "What Now for Patent Eligibility? In Bilski v. Kappos, the Supreme Court Rejects Machine-or-Transformation as the Sole Test," Foley & Lardner LLP Web Conference, June 2010
  • Presenter, "Bilski - Same-Day Perspectives From the November 9, 2009 Supreme Court Hearing," Foley & Lardner LLP Web Conference, November 2009
  • Presenter, "In re Bilski: What is Patentable Now?" Web Conference, Foley & Lardner LLP Web Conference, December 2008
  • Co-Author, "Disaster or Opportunity? Intellectual Property Considerations at a Critical Juncture," Foley & Lardner LLP Legal News Alert: Intellectual Property, October 2008
  • Moderator, "Managing IP Risk in Day-to-Day Business Operations, aka How to Avoid Getting Sued," Software & Information Industry Association (SIIA) Legal & Accounting Webcast Series, December 2007
  • Presenter, "Securities and Intellectual Property," The John Marshall Law School, September 2007
  • Panelist, "Business Method Patents and Other Patents for Software," Software & Information Industry Association (SIIA) Legal & Accounting Webcast Series, May 2007
  • Presenter, "Patenting Business Methods in the Financial Services Industry," 2nd Annual Patenting Business Methods in the Financial Services Industry Conference, July 2005