Richard G. Gervase, Jr.

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

Bar Admissions

  • New Jersey
  • New York
  • United States Court of Appeals for the Federal Circuit
  • United States District Court for the District of New Jersey
  • United States District Court for the Eastern District of New York
  • United States District Court for the Southern District of New York
  • United States Patent and Trademark Office
  • United States Supreme Court

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 also handles post-grant proceedings before the USPTO and the Patent Trial and Appeal Board, including ex-parte re-examinations, inter-partes reviews (IPRs), covered business method (CBM) reviews, and post-grant reviews (PGRs).

In addition to litigation, Richard counsels companies in the development, protection, and licensing of their intellectual property portfolios. He also performs intellectual property due diligence and provides patentability, non-infringement, and invalidity opinions. He serves on Mintz Levin's Opinion Committee.

Richard’s experience covers a wide range of technologies, including computer software and hardware, semiconductor architecture and fabrication, telecommunications (e.g. 3G, 4G, and 4G LTE), medical devices (e.g. spine, orthopedic implants, drug delivery, and medical “apps”), medical imaging, artificial intelligence and machine learning (e.g. neural networks, support vector machines, natural language processing), big data analytics (e.g. Hadoop), gene sequencing, small molecules, antibodies, and medical diagnostics.

Richard began his career in the late 1980s as a mergers and acquisitions and securities lawyer at Brown & Wood in New York City, where he focused on the biotechnology sector. He has extensive experience structuring and negotiating a wide variety of technology transactions, including stock and asset acquisitions, strategic alliances, joint ventures, collaboration agreements, sponsored research agreements, materials transfer agreements, and patent, trademark, copyright, software, and database license agreements. Since 2002, he has represented both investors and royalty holders in the structure, negotiation and valuation of royalty stream monetization transactions involving more than 40 pharmaceutical and biological products, including:

Advate ® Neulasta ® Kadcyla ® Estorra ® Cimzia ®
Cubicin ® Rotarix ® PegIntron ® Letairis ® Fovista ®
Gardasil® Actemra® TOBI® Remicade® Movantik®
Mylotarg® Eligard® Avastin® Lexiva® Retisert®
Revlimid® Iclusig® Erbitux® Cervarix® Zenepax®
Adenoscan® Neupogen® Lucentis® Fosamax® Enbrel®
Daptomycin® Synagis® Raptiva® Macugen® Brigatinib®
Herceptin® Amphastar® Tysabri® Restasis® Xolair®

In addition to traditional royalty stream financings, Richard also has significant experience with alternative royalty monetization structures, including secured debt and convertible debt financings, synthetic royalties, revenue interest assignments, late stage clinical trial funding agreements, and other healthcare related financings. Richard also advises investment banks in the assessment and valuation of patents and other IP assets and performs IP due diligence in connection with mergers and acquisitions, joint ventures and collaborations, and underwritten public offerings involving life sciences and technology companies.

Prior to joining Mintz Levin, Richard was a senior patent litigation attorney at the intellectual property law firm of Fish & Neave in New York City.

He completed executive mediation training at Harvard Law School’s Program on Negotiation. He was Senior Articles Editor for the Rutgers Law Journal.

Representative Matters


  • Siemens Medical Solutions, Inc. v. Humedica, Inc. (D. Del) – Defended Humedica, Inc., a subsidiary of UnitedHealth Group and an affiliate of Optum Inc., in a patent infringement suit alleging infringement of four patents directed to data mining electronic medical records, disease modelling, and use of ontologies for data extraction.
  • The Brita Products Company v. Seventh Generation, Inc. (N.D. Cal.) – Represented Seventh Generation in a declaratory judgment action brought by plaintiff Brita seeking to invalidate two Seventh Generation patents directed to refillable water bottles containing water filtration devices.
  • 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 ARIAD Pharmaceuticals, Inc. in the sale of its European operations to Incyte Corporation and a corresponding license agreement for Incyte to exclusively license Iclusig® in Europe and other select countries.
  • Represented ARIAD, Inc. in a synthetic royalty financing transaction raising $200 million in non-dilutive financing involving the sale of a portion of ARIAD’s revenue interest on sales of Iclusig® to an investment fund managed by PDL BioPharma, Inc.
  • Represented ImmunoGen, Inc. in a royalty financing transaction raising $200 million in non-dilutive financing involving the sale of ImmunoGen’s royalties based on sales of KADCYLA® to an investment fund managed by TPG Special Situations.
  • 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 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.
  • Represented AT&T Corp. as special patent counsel in connection with its groundbreaking trivestiture/spin-off of NCR Corporation and Lucent Technologies.

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

  • Lecturer and Advisor to the Harvard-MIT Health Sciences and Technology (HST) Program at the MIT Institute for Medical Engineering and Science
  • Lecturer and Advisor to the Runway Postdoctoral Program at the Joan and Irwin Jacobs Technion-Cornell Innovation Institute (TCII)
  • Intellectual Property Owners Association (IPO), Software and Business Methods Committee, Post-Grant Committee
  • American Intellectual Property Law Association (AIPLA), Patent Litigation Committee
  • New York Intellectual Property Law Association (NYIPLA), Patent Litigation Committee
  • American Bar Association, Patent Litigation Committee (ABA), Member, Alice v. CLS ABA Joint Task Force
  • Federal Circuit Bar Association, Amicus Committee
  • Licensing Executive Society (LES), member and speaker
  • Biotech Industry Organization (BIO), member and speaker
  • Board of Directors, Amateur Ski Club of New York (Waitsfield, Vt.)