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Richard L. DeLucia
Partner | New York
Richard L. DeLucia, a partner at Kenyon & Kenyon, is a renowned attorney in the field of intellectual property litigation. He has been chief trial counsel in over 100 cases.
In one of the most important jury verdicts of 2005, Mr. DeLucia prevailed on behalf of Boston Scientific against Johnson & Johnson in a trial in which Boston Scientific's patent on the drug-eluting cardiac stent was found to be infringed by J&J. Subsequently, in June 2006, the Court issued a ruling upholding the July 2005 jury verdict, denied J&J's motion to overturn the verdict, and denied J&J's request for a new trial.
Other high profile patent cases he has successfully conducted in recent years on behalf of his clients (bolded), include:
Savient Pharmaceuticals and Teva Pharmaceuticals USA against Novo Nordisk relating to Human Growth Hormone. In a victory affirmed on appeal, the United States Court of Appeals for the Federal Circuit upheld a judgment by the trial Court holding Novo Nordisk's patent relating to recombinant human growth hormone unenforceable and holding the sole asserted claim invalid.
Sony in a case brought against it by Soundview Technologies in a patent battle over V-chip technology. After a victory before the District Court, on appeal Sony, along with other consumer electrical manufacturers, prevailed as the United States Court of Appeals for the Federal Circuit affirmed the District Court's ruling that cleared them of infringing a patent for V-chip technology held by Soundview Technologies. The ruling also cleared the manufacturers of antitrust and unfair practice allegations.
Heidelberg Harris against Mitsubishi Heavy Industries in a patent trial involving printing technology, which resulted in infringement damages valued at approximately $900 million.
RJR Nabisco against Procter & Gamble in a case popularly known as the "cookie wars."
Fisher-Price / Mattel in a patent infringement lawsuit brought against it by LeapFrog Enterprises, Inc. alleging patent infringement by the PowerTouch Learning System sold by Mattel's wholly-owned subsidiary, Fisher-Price, Inc. The trial Court found that Mattel and Fisher-Price did not infringe the patent and that the asserted patent claim was invalid.
KV Pharmaceutical in a patent infringement litigation filed against it by AstraZeneca, known as In re Metoprolol Succinate Patent Litigation. This multi-district litigation arose from KV's submission of ANDAs seeking approval to market generic formulations of AstraZeneca's beta-blocker Toprol-XL (metoprolol succinate extended-release tablets). The Court granted motions filed by KV Pharmaceutical Company and its co-defendants Andrx Corporation and Eon Labs for summary judgment of invalidity and unenforceability of both patents asserted by AstraZeneca.
Amersham, BASF Corp., Bio-Technology General, Enzo Life Sciences, GE Healthcare, and Sloan-Kettering, in significant (unrelated) patent litigations in the U.S.
Mr. DeLucia also counsels his clients on the licensing, validity, enforceability, and infringement of patents, trademarks and copyrights.
Mr. DeLucia is highly regarded by his peers and has received numerous honors and awards.
AV-rated by Martindale Hubbell, its highest rating.
BAR AND COURT ADMISSIONS New York
Registered Patent Attorney: U.S. Patent and Trademark Office
U.S. Court of Appeals for the Federal Circuit
U.S. District Court for the Eastern District of New York
U.S. District Court for the Eastern District of Virginia
U.S. District Court for the Southern District of New York
U.S. District Court for the Western District of Wisconsin
Virginia
Professional Organizations
Past President of the New York Intellectual Property Law Association. Past Chairman of the Litigation Committee of the New Jersey Intellectual Property Law Association. | 