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, artificial intelligence and big data, 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.
•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 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.
•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.
• Mintz Levin Represents ImmunoGen, Inc. in $200 Million Transaction, (04.14.2015)
• Mintz Levin Represents Underwriters Jefferies & Company and Leerink Swann, LLC in $20 Million Public Offering of Unilife Corporation, (07.09.2012)
•Quoted in IP Legislation and Regulation to Watch in 2012, Law360 (01.10.2012)
•Quoted in Quest for Patents Brings a New Focus in Technology Deals, The New York Times (08.17.2011)
• Mintz Levin Represents Oppenheimer & Co., Inc. in Back-to-Back Closings of Two Offerings, (11.30.2009)
• Richard G. Gervase and Julian Crump to moderate panel discussion at AdvaMed 2008 - The MedTech Conference, (09.23.2008)
•Co-author, Supreme Court Upholds Brulotte Rule Prohibiting Post-Expiration Patent Royalties, Intellectual Property Alert (06.23.2015)
•Co-author, Belief That a Patent Is Invalid Is Not a Defense to Inducement Liability, Intellectual Property Alert (05.28.2015)
•Co-author, Kimble and Post-Expiration Royalties: The Next Big Thing, or Much Ado About Nothing?, Antitrust and Intellectual Property Alert (03.31.2015)
•Co-author, Federal Circuit Says District Courts Should Freely Grant Stays When CBM Proceeding Instituted, Intellectual Property Alert (11.25.2014)
•Co-author, Computer Implementation Not Enough to Render Abstract Ideas Patent Eligible, Intellectual Property Alert (06.20.2014)
•Co-author, Supreme Court Holds That Reverse Payment Patent Settlements Are Subject to Antitrust Scrutiny, Joint Alert: Antitrust Intellectual Property (06.21.2013)
•Co-author, U.S. Supreme Court Rules That Isolated Human Genes Are Unpatentable, Intellectual Property Alert (06.13.2013)
•Co-author, Patent Eligibility of Software Innovations After CLS Bank, Intellectual Property Advisory (05.17.2013)
•Co-author, Online Copyright Liability and Safe Harbors, New York Law Journal (07.12.2012)
•Co-author, The Kodak Bankruptcy: The Valuation and Sale of IP Assets, The Bankruptcy Strategist (04.01.2012)
•Co-author, Supreme Court Invalidates Biotech Method Patent in Mayo v. Prometheus, Intellectual Property Alert (03.26.2012)
•Co-author, Federal Circuit Affirms ITC's Extraterritorial Authority in Trade Secret Cases, Intellectual Property Alert (10.17.2011)
•Co-author, Invention Assignment Following Stanford v. Roche: Implications for Technology Transfer and Government Contracts, Energy & Clean Technology Alert (06.27.2011)
•Co-author, Invention Assignment Following Stanford v. Roche: Implications for Technology Transfer and Government Contracts, Life Sciences Alert (06.24.2011)
• Moderator, As if AIA Hasn't Brought Enough Change - Patent Litigation Reform is Looming in the US, 2014 BIO International Convention, BIO, San Diego, CA (06.25.2014)
• Panelist, The America Invents Act: 1 Year Later, New York BIO Conference 2014, New York Biotechnology Association, New York, NY (05.15.2014)
• Speaker, Patent Prosecution and Enforcement Issues in Collaboration and Licence Agreements, Top Trends for IP: Hot issues in Patent Prosecution and Collaborations, BIA, Mintz Levin, and One Nucleus, Cambridge, UK (03.20.2014)
• Speaker, An Interactive Open Floor Discussion on Proposed Legislation on Non-Practicing Entities, Comprehensive Guide to Patent Reform, American Conference Institute, New York, NY (01.23.2014)
• Speaker, Post-Grant Proceedings Under the America Invents Act, Association of Corporate Counsel, Northeast Chapter (11.13.2013)
• Speaker, A Discussion of the Supreme Court's Mayo v. Prometheus Decision: Clarity or Confusion?, Mintz Levin, Webinar (04.18.2012) (Also at New York, New York Offices)