professionalIMG

Richard G. Gervase Jr.

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New York
212.692.6755



Education

  • Rutgers University (JD)
  • Rutgers University (BSEE)

Bar Admissions

  • New Jersey
  • New York
  • United States Patent and Trademark Office

Richard advises clients on all aspects of intellectual property litigation, including patent, copyright, trademark, and trade secret litigation and related antitrust and unfair competition matters. He has represented numerous Fortune 100 companies in intellectual property infringement cases nationwide.

A registered patent attorney, Richard handles all forms of post-grant proceedings, including ex-parte re-examinations, inter-partes reviews (IPRs), covered business method (CBM) reviews, and post-grant reviews (PGRs). Richard also counsels companies in the development, protection, and licensing of their intellectual property portfolios, with a particular emphasis on computer software, telecommunications (including 3G, 4G and 4G LTE), medical devices and diagnostics. He also provides patentability, non-infringement, and invalidity opinions in a variety of technology areas and serves on Mintz Levin's Opinion Committee.

Richard has extensive experience performing intellectual property audits and due diligence for high tech and life sciences companies and investors in connection with various commercial transactions, including mergers and acquisitions, private placements and underwritten public offerings. He advises clients in structuring and negotiating a wide variety of technology transactions, including patent, trademark, and copyright licenses, software and database licenses, stock and asset acquisition agreements, strategic alliances, joint ventures, collaboration agreements, sponsored research agreements, and materials transfer agreements. Richard also has substantial experience in the valuation, monetization and securitization of royalty streams and other intellectual property assets.  

Richard also completed his executive mediation training at Harvard Law School’s Program on Negotiation.

Before joining Mintz Levin, Richard was a senior attorney at the intellectual property law firm of Fish & Neave in New York City. He began his legal career with Brown & Wood, where he practiced in the Securities and Mergers and Acquisitions departments.

During law school, he was Articles Editor for the Rutgers Law Journal.

Representative Matters

Litigation

  • Krauser v. BioHorizons, Inc. (S.D.Fla.)  Defended BioHorizons in a dispute over ownership and inventorship of technology and patents directed to dental implants.  Disposed of on summary judgment and BioHorizons was awarded its attorney’s fees.
  • Round Rock Research LLC v. HTC Corp. (D.Del.)  Defended HTC in a patent infringement suit alleging infringement of five patents directed to 3G and 4G wireless chipsets and smartphone technologies.
  • Rates Technology Inc. v. Nortel Networks Corp. (E.D.N.Y.)  Defended Nortel in a patent infringement lawsuit involving three patents directed to computer telephony switching infrastructure.  Disposed of on a motion to dismiss affirmed by the Federal Circuit.
  • Cardiofocus, Inc. v. Lumenis, Inc. (D.Mass.)  Defended Lumenis in a patent infringement case involving three patents directed to medical lasers.
  • Altus Biologics Inc. v. Altus Medical, Inc. (S.D.N.Y.)  Represented Altus Biologics in a trademark infringement suit involving the company’s registered trademark Altus.
  • DePuy Spine Inc. et al v. Alphatec Spine, Inc. (D.Mass.)  Defended Alphatec in a patent infringement lawsuit involving a DePuy patent directed to polyaxial pedicle screws.
  • Louis Vuitton Malletier v. Dooney & Bourke, Inc. (S.D.N.Y)  Represented Louis Vuitton in a trademark infringement lawsuit involving Vuitton’s colorful and hot-selling Murakami handbags.
  • Richter Gedeon Vegyeszeti Gyar RT v. Gyma Laboratories, Andrx Corp. et al. (E.D.N.Y.) Represented Richter Gedeon in a patent infringement lawsuit involving infringement of five Richter Gedeon patents directed to crystallised polymorph versions of famotidine.
  • Motorola, Inc. v. Rockwell International Corporation (D. Del.)  Represented plaintiff Motorola in patent infringement suit involving 11 patents relating to trellis coded modulation and other telecommunication technologies used in computer modem chipsets.  Case involved complex antitrust and misuse defenses stemming from the standard-setting process. 
  • Duplitronics Inc. v. Time Warner Inc. (N.D.Ill.)  Defended Time Warner in a patent lawsuit alleging infringement of three Duplitronics patents directed to compact discs and memory storage technologies.
  • Altera v. Xilinx/Xilinx v. Altera (N.D. Cal.)  Represented Altera in two patent infringement lawsuits (one as a plaintiff and the other as a defendant) involving the parties’ respective patents directed to computer chip architecture and programmable logic devices.
  • Lucent Technologies Inc. v. Periphonics Corp. (D. Del.)  Represented plaintiff Lucent in patent infringement suit involving six patents relating to computer telephony, voice recognition, interactive voice response, and voice messaging system technologies. 
  • Lucent Technologies Inc. v. Microchip Technology Inc. (D. Del.)  Represented plaintiff Lucent in patent infringement suit involving five patents relating to photolithography and other technologies used in the fabrication and architecture of high performance computer chips. 
  • Motorola, Inc. v. PC Tel, Inc. (D. Del.)  Represented plaintiff Motorola in patent infringement suit involving 10 patents relating to various modem technologies.
  • NCR Corporation v. Netscape Communications Inc. (D. Del.)  Represented plaintiff NCR in patent infringement suit involving 10 NCR patents directed to various Internet-related technologies including certain client-server architecture, database management, and encryption technologies.
  • Cochlear Corp. v. Advanced Bionics (N.D.Cal.)  Defended Advanced Bionics (a subsidiary of Boston Scientific) in a patent infringement lawsuit involving two patents directed to cochlear implant technology.
  • Gillette Canada v. Thornton Int’l. (D.Conn.)  Represented plaintiff Gillette in a patent infringement lawsuit alleging infringement of two Gillette patents directed to dental floss.

M&A Transactions

  • Represented Dainippon Sumitomo Pharma Co. Ltd. in its acquisition of Sepracor Inc. for $2.55 billion.
  • Represented Humedica Inc. in its acquisition by UnitedHealth Group Inc.
  • Represented Qiagen NV in its acquisition of Digene Corp. for $1.6 billion.
  • Represented ION Torrent Systems in its acquisition by Life Technologies for $725 million.
  • Represented Vertex Pharmaceuticals Incorporated in its acquisition of ViroChem Pharma, Inc. for $400 million.
  • Represented Myriad Genetics, Inc. in its acquisition of Rules-Based Medicine, Inc. for $80 million.

Securities Transactions

  • Represented Leerink Swann and Citigroup in the initial public offering of Acceleron Pharma Inc.
  • Represented Lazard Capital Markets in the initial public offering of GW Pharmaceuticals.
  • Represented BofA Merrill Lynch in the public offering of Puma Biotechnology.
  • Represented ARIAD Pharmaceuticals in a public offering of $258 million of common stock.
  • Represented BofA Merrill Lynch and Leerink Swann in the public offering of $65 million in common stock of Achillion Pharmaceuticals.
  • Represented Goldman Sachs, Credit Suisse & Co, and Piper Jaffray & Co. in the public offering of $250 million in common stock of ViroPharma Incorporated.

Professional & Community Involvement

  • Intellectual Property Owners Association, Software and Business Methods Committee
  • American Intellectual Property Law Association, Patent Litigation Committee
  • American Bar Association, Patent Litigation Committee
  • Federal Circuit Bar Association, Amicus Committee
  • Licensing Executive Society
  • Biotech Industry Organization
  • New York Intellectual Property Law Association
  • Consultant to Harvard-MIT Health Sciences and Technology (HST) Program at the MIT Institute for Medical Engineering and Science