Richard T. MulloyPartner
Rick Mulloy focuses on patent, trade secret, and other intellectual property litigation, with an emphasis on complex disputes regarding technology related to medical devices and the life sciences. He has substantial experience litigating intellectual property and related commercial disputes arising out of collaboration and development agreements.
Rick has managed cases through trial in district courts throughout the US and in the International Trade Commission (ITC). He has represented clients in patent disputes involving a broad range of technologies, including medical devices, surgical techniques, biotechnology, pharmaceuticals, chemical compositions, athletic footwear and apparel, computers and peripheral devices, and wireless communication devices and protocols.
Rick has extensive trial experience, both in jury and bench trials, including serving as lead trial counsel in a multi-week patent infringement matter that resulted in an 8-figure jury verdict for our client. The respected research firm Legal 500 has recognized his patent litigation work and his work in the ITC.
Representative IP Litigation Matters
- Represent Isola USA Corp. as lead counsel in a multi-patent dispute in the District of Arizona and an ITC enforcement proceeding against a direct competitor related to chemical resin compositions used to manufacture circuit boards. Following a two-week trial, the jury found both patents valid and infringed, rendered a verdict of willful infringement in our client's favor, and awarded US$11,500,000 in damages. The district judge also awarded Isola its attorneys' fees.
- Represent Nike as lead counsel in more than a dozen patent infringement cases throughout the country. The technology at issue in these cases relates to athletic footwear (including running and training footwear, as well as cleated footwear), wearable fitness trackers and related mobile applications, and the composition of materials used in performance athletic apparel, among others.
- Represent Dexcom as lead counsel in multiple patent disputes in the Southern District of California related to composition of sensors used in continuous glucose monitoring systems. Following a successful claim construction ruling, judgment was entered in Dexcom's favor.
- Represent Covidien (now Medtronic) as trial counsel in a multi-patent dispute in the District of Massachusetts against a direct competitor related to advanced bipolar vessel sealing instruments.
- Represent Pfizer as co-lead counsel in patent and trade secret litigation in the District of Utah against Brigham Young University related to development of COX-2 inhibitor medication Celebrex. Plaintiff sought damages in excess of US$100 billion. The matter settled following favorable rulings on several summary judgment motions.
- Represent Becton Dickinson in multiple patent infringement and trade secret matters in several district courts regarding technologies related to diagnostic systems and infusion pumps, among others.
- Represent PureCircle as lead counsel in multiple patent infringement lawsuits in district courts and the ITC related to compositions and methods of manufacture for non-nutritive sweeteners and flavor enhancers.
- Represent Tissue Regenix in patent infringement matter in the Western District of Texas regarding materials used in tissue replacement, repair and reconstruction surgical procedures.
- Represent Inamed (now Allergan) in multiple patent litigations in district courts and the ITC. The lawsuits involved technology related to gastric bands used to treat obesity, laparoscopic surgical techniques and instruments, and chemical compositions of injectable dermal fillers and other medical implants, among others.
- Represent Oxford BioMedica in patent and antitrust dispute in the Southern District of California regarding patents related to modified vaccinia virus Ankara (MVA) used in treatment of various diseases.
- Represent several medical device manufacturers in patent and other intellectual property disputes regarding different orthopedic devices, including spinal implants, knee replacement implants, surgical procedures, and bone graft containment devices.
- Represent Hewlett-Packard ("HP") in patent dispute related to ink jet cartridges before the ITC and in the District of Nevada; obtained judgment of infringement and validity affirmed by the ITC as to all 6 asserted patents following a two-week bench trial.
- Represent HP in multi-jurisdictional patent dispute involving seven lawsuits in five different jurisdictions (ITC, Eastern District of Texas, Southern District of Texas, Western District of Wisconsin, Southern District of California) and a total of 34 patents (23 asserted by HP; 11 by Gateway). The first ITC trial resulted in a finding of infringement against Gateway on two HP patents, while the second ITC trial resulted in a finding of invalidity and inequitable conduct on the single asserted Gateway patent. Following those trials, and after obtaining claim construction rulings and summary judgment of invalidity of a number of claims in other Gateway patents, the cases settled favorably for HP.
- J.D., University of California, Berkeley, School of Law 1998
- B.A., University of California at San Diego 1995
- Revelle College Provost Honors List
- UCSD Men’s NCAA Basketball Team
- The Legal 500 United States
2021 - Recommended, Patent Litigation: Full Coverage
2016, 2019-20 - Recommended, Patent Litigation: Full Coverage
2018 - Recommended, Healthcare: Life Sciences
Rick was also a recipient of the Wiley M. Manuel Award for pro bono work.
- "Relevance of Failure to Obtain Opinion of Counsel After Seagate," BNA's Patent, Copyright and Trademark Journal, March 2009
- "How to Enforce Your Patent Portfolio," Managing IP, March 2005
- "Patent Reform and Technology Deals," UCSD Rady School of Management, April 2011
- "Courtroom Visual Strategies," West Legalworks Online Panel, May 2008
Memberships And Affiliations
- AIPLA, Past Member, Patent Litigation Committee and Antitrust Committee
- ITC Trial Lawyers Association
- ABA Sections on Civil Litigation and Patent
- Intellectual Property Section, California State Bar
- San Diego Barristers, Former President