Richard C. Pettus

Richard C. Pettus

Shareholder

Richard C. Pettus is a trial lawyer with more than 15 years of experience in patent matters. He has represented clients in over 60 patent litigations, including more than ten trials to verdict that span a wide range of technologies, including pharmaceuticals, computer software and hardware, medical devices, semiconductors, polymers, “green” technology, energy and industrial equipment, fiber optics, chemical processes and consumer products.

In the biopharmaceutical and ANDA Hatch-Waxman area, Rich has handled patent cases involving small and large drug molecules, their polymorphic, enantiomeric and pegylated forms, combinations, uses and formulations as well as devices for injectable, oral and inhaled drug delivery, DNA constructs, vaccines, manufacturing processes and diagnostic kits. He also conducts Hatch-Waxman pre-litigation assessments to help prepare branded pharmaceutical clients for challenges to their patent portfolios.

Rich counsels Fortune 250 and emerging technology companies and investors on intellectual property management and other proprietary technology related issues, including strategies for patent due diligence, pre-litigation investigations, licensing and patent prosecution. He is also involved in training of in-house legal and business/management teams on patent, Hatch-Waxman and life cycle management related issues.

Concentrations

  • Patent litigation
  • ANDA Hatch-Waxman
  • General IP counseling, licensing, due diligence and opinions
  • Global energy and infrastructure
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Capabilities

Experience

 
  • Trial counsel for major branded pharmaceutical company in ANDA Hatch-Waxman challenge to patent covering liquid anesthetic drug product in the District of Delaware. 
  • Co-lead trial counsel for complainant in ITC action involving semiconductor manufacturing patents.
  • Obtained Consent Judgment in the District of Delaware as lead counsel for medical technology company in the successful assertion of a patent covering market-leading medical adhesive strips for nasal dilation.
  • Lead trial counsel for patentee in action involving extended regimen oral contraceptive products.
  • Lead counsel for patentee in preliminary injunction proceedings involving patented process for making nutraceutical tablets.
  • Lead counsel defending major consumer electronics and cellular phone manufacturer in action involving use of personalized user information for targeted advertising.
  • Lead counsel for branded animal health pharmaceutical company in “Green Book” Paragraph IV Hatch-Waxman challenge to its patent covering liquid oral suspension formulations of anti-inflammatory drug product. Resolved by pro-competitive settlement with generic drug manufacturer.
  • Lead counsel in patent litigation involving patented intravascular fiber optic catheter probes for detection and characterization of coronary artery plaques and other human tissues.
  • Counsel for patentee in action involving document scanning software for correction of skew and other errors.
  • Lead trial (jury and bench) counsel for major branded pharmaceutical company in an action involving an injectable (subcutaneous and intramuscular) sustained release biodegradable polymer drug delivery patent.
  • Lead counsel in patent litigation involving high density fiber optic wavelength filtering and anti-reflective coating technologies for telecommunications and biomedical applications.
  • Trial counsel for major branded pharmaceutical company in ANDA Hatch-Waxman challenge to patents covering billion dollar anti-nausea and vomiting drug products in the District of Delaware. Settled following successful bench trial and Federal Circuit appeal.
  • Conducted ANDA pre-litigation evaluations on behalf of branded pharmaceutical companies of patent portfolios covering compounds, combination products and associated drug formulations and delivery technology. Based on this work, handled interference proceedings involving certain patents in one of the portfolios.
  • Trial counsel for major branded pharmaceutical company in ANDA Hatch-Waxman challenge to molecule and method of use patents as well as a declaratory judgment action on its manufacturing process patent. Settled following two-week bench trial.
  • Secured summary judgment of invalidity of a patent covering electronic pump controls.
  • After a five-day jury trial, defeated a multi-million dollar claim for infringement of a patent directed to spinal anesthesia needles.
  • Represented a major branded pharmaceutical company in multiple litigations involving patents relating to hydrofluoroalkane (HFA) metered-dose asthma inhaler formulations resulting in global cross-license.
  • Asserted the Thinking Machines patent portfolio in a series of actions, including a two-week jury trial, resulting in the licensing of the market leaders in the large-scale enterprise computer data storage industry.
  • Represented a large industrial equipment manufacturer in a Markman hearing.
  • Participated in the enforcement of patents covering one of the world’s best-selling drugs of the 1990’s for a major pharmaceutical company against multiple generic competitors seeking ANDA approval.
  • Asserted claims of theft of business method trade secrets relating to consumer billing technology.

°The above representations were handled by Mr. Pettus prior to his joining Greenberg Traurig, LLP.

  • Prior to becoming an attorney, Mr. Pettus held engineering positions at IBM (T.J. Watson Advanced Silicon Technologies Laboratory), Allied-Signal (Aerospace Division), and Ebasco/Ratheon (Nuclear Power Systems Division).

Recognition & Leadership

  • Listed, Managing IP Magazine's World IP Handbook and Survey, "IP Stars," 2013-2017
  • Listed, IAM magazine, "IAM Patent 1000," Litigation, 2012-2017
  • Listed, LMG Life Sciences, "Life Science Star," 2012-2014 and 2016
  • Listed, Lawdragon 500 (inaugural edition), “New Stars”
  • Member, New York State Bar Association
  • Member, Conner Inn of Court (S.D.N.Y.)
  • Member, American Intellectual Property Law Association
  • Member, New York Intellectual Property Law Association 

Credentials

Education
  • J.D., Fordham University School of Law
  • B.S.M.E., cum laude, Manhattan College
Admissions
  • New York
  • U.S. Court of Appeals for the Federal Circuit
  • U.S. Patent and Trademark Office