Richard D. Harris

Richard D. Harris

Richard Harris is Co-Chair of the Chicago Intellectual Property practice. His practice focuses on U.S. and foreign patent, trademark, copyright and unfair competition matters, with particular emphasis on litigation. His practice remains actively involved with patent and trademark prosecution and intellectual property-related transactional projects.

Areas of Concentration

· Patent and trademark litigation

· Prosecution (acquisition) of patents and trademarks from the United States Patent and Trademark Office

· Patent interpretation towards avoidance and design-around

· Intellectual property portfolio evaluation

· Intellectual property mediation and arbitration

· Federal Court-appointed technical expert/mediator

· Expert witness in patent and trademark matters

· Development of transactional relationships concerning intellectual property rights

Significant Representations

· Lead counsel in a number of cases over the last three 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 standards for "reasonable innocent construction" in commercial defamation actions, while Video Technology Computers, Inc., et al. v. Apple Computer, Inc. resulted in the first Apple-compatible computer to be licensed in the United States. Mr. Harris 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 and 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 and 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.

· Several of Mr. Harris' other cases have involved the invalidation, unenforceability and non-infringement of high-profile patents. National Diamond Syndicate v. Kuwayama, a design patent on a gemstone design, was determined to be invalid and 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 and 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. and 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 and chemical flame retardants, amongst other varied areas of technology.

Professional & Community Involvement

· Member, American Intellectual Property Law Association

· Member, Intellectual Property Law Association of Chicago

· Member, American Bar Association

· Event sponsor/fundraiser, Crohn's and Colitis Foundation

· Fundraiser, American Cancer Society

· Fundraiser, National Multiple Sclerosis Society

· Former Vice-Chairman, Chicago Bar Association, Young Lawyer's Section

Awards & Recognition

· Selected by Super Lawyers magazine, 2005 - 2009

Articles, Publications, & Lectures

Articles

· Author-Editor, The Entrepreneur's Trademark Guide, The Chicago Bar Association, 1979

Lectures

· Lecturer, United States Small Business Administration

· Lecturer, The Art Institute of Chicago

· Lecturer, The Chicago Bar Association

· Lecturer, Illinois Institute for Continuing Legal Education

· Lecturer, National Association of Corporate Counsel

Speeches

· Speaker, "Terrific! You're Mired Down In An Ugly Patent Dispute...Now What?" PricewaterhouseCoopers' General Counsel Forum, October 2006