Cases
Experience: Representative Matters: Lead counsel in numerous cases over the last four decades that have had significant impact on national intellectual property issues. The seminal case before the United States International Trade Commission, In Re Certain Novelty Glasses, established the criteria for the federal exclusion of infringing, foreign-made articles from U.S. Ports of Entry. Action Repair, Inc. v. American Broadcasting Companies, Inc. set the st
ards for 'reasonable innocent construction' in commercial defamation actions. Richard was also lead counsel in Golden Valley Microwave Foods Inc. v. Weaver Popcorn Co., Inc., which serves as an encyclopedia on the commission of fraud before the United States Patent
Trademark Office, as well as in Custom Accessories, Inc. v. Jeffrey-Allan Industries, Inc., a hallmark CAFC decision on the issues of patent novelty, non-obviousness
the effects of re-examination. In Bard V. M3 Systems, for the first time in decades, a jury verdict of anti-trust damages against a patent-enforcing plaintiff was upheld by the CAFC. Richard litigates cases involving his clients' most valuable intellectual property assets, cases involving the infringement of their patented inventions,
/or the misappropriation of their trade secrets, trademarks/br
ing
copyrights. These cases often involve his clients' 'crown jewel' assets such as key technologies involving wireless communication software,
formulations for polymers-as well as manufacturing
chemical processes associated with those formulations-amongst other technologies. His practice also involves defending his clients from claims relating to their competitors' purported intellectual property rights.
Several of Richard's other cases have involved the invalidation, unenforceability
non-infringement of high-profile patents. National Diamond Syndicate v. Kuwayama, a design patent on a gemstone design, was determined to be invalid
not infringed, as was a chemical process patent in Atofina v. Great Lakes Chemical Corporation. Each of the patents in these two recent cases was, likewise, deemed unenforceable as having been obtained by the respective patent holders through the commission of inequitable conduct before the United States Patent
Trademark Office. In Sears v. Target, he halted the sale of a 'look-alike' electronic leveling tool through issuance of a Temporary Restraining Order. He has likewise participated in European Patent Office litigation in Munich, Germany.
Federal court-appointed expert/mediator settling United Technologies Automotive Inc. V. Pontiac Coil, Inc.
Chrysler Corp. V. Franklin Mint.
Cases profiled in The Wall Street Journal, The American Lawyer, as well as on network television. Publicly held clients are involved in fiber containers, OEM automotive components, developmental toys for infants, traffic signaling equipment, orthopedic implants
chemical flame retardants, amongst other varied areas of technology.
