Richard G. Gervase Jr.: Lawyer with Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.

Richard G. Gervase Jr.


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Practice Areas

  • Intellectual Property
  • IP Litigation
  • Patent Procurement
  • Technology Transfer & Licensing
  • Trademark
  • Copyright & Domain Name Protection
  • Post-Grant Proceedings
  • Valuation & Assessment
  • Technology
  • Communications & Media
  • Medical Technology
  • Health Care
  • Life Sciences
  • Financial Services
  • Manufacturing
  • Energy Technology
Contact InfoTelephone: 212.692.6755
Fax: 212-983-3115
University Rutgers University, B.S.E.E.
Law SchoolRutgers University, J.D.
AdmittedNew Jersey; New York; United States Court of Appeals for the Federal Circuit; United States Supreme Court; 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 District Court for the District of New Jersey

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
•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)


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.


•Co-author, Ninth Circuit Upholds Judge Robart's RAND Determinations in Microsoft v. Motorola, Intellectual Property & Antitrust Alert (08.14.2015)
•Co-author, EU Court Clarifies the Conditions Under Which Assertion of Standard-Essential Patents May Constitute Abuse of Market Dominance, Intellectual Property Alert (07.23.2015)
•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)

Speaking Engagements

•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)


• 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) (Also at Stamford, CT Offices)

Reported CasesRepresentative 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 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.; 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.

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Supreme Court Upholds Brulotte Rule Prohibiting Post-Expiration Patent Royalties
Sandra J. Badin,Richard G. Gervase,Bruce D. Sokler, June 25, 2015
On June 22, 2015, the Supreme Court issued its decision in Kimble v. Marvel Entertainment, LLC, upholding the rule, first announced in Brulotte v. Thys Co., 379 U. S. 29 (1964), that an agreement allowing a patent owner to collect royalty payments after a patent’s expiration is unlawful per...

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Richard G. Gervase Jr.

666 Third Avenue
New YorkNY 10017


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