Partner

Richard J. McCormick

Intellectual Property Counseling & Prosecution, Technology & IP Transactions, Patent Litigation

“[an] inimitable litigation strategist and regulatory expert.”
Intellectual Asset Management (IAM) Patent 1000

Overview

Innovator pharmaceutical and biotech companies have relied on Richard McCormick for over 20 years to represent them in a wide range of intellectual property matters, including litigations (Section 271 infringement cases and patent licensing disputes), UPSTO post-grant proceedings, pre-litigation assessments (biosimilar and ANDA preparedness), patent portfolio due diligence for IP in-licensing and M&A transactions, freedom to operate analyses and competitive landscaping, FDA regulatory issues (Orange Book listings and other compliance matters, marketing and data exclusivities, and citizen petitions), evaluating and drafting contracts implicating IP rights (patent licenses, manufacturing and development/collaboration agreements, tech transfer agreements and NDAs), strategies for extending loss of exclusivity for branded drug products, and working with patent prosecution counsel to build strong, product-centered IP portfolios.

Experience

Representative District Court and PTAB Experience

  • Amgen Inc. v. Sanofi, U.S. Sup. Ct. (2023), amicus brief filed by Unified Patents in support of Respondents
  • RiceTec Inc v. BASF SE, PGR2021-00113 and -0114 (as Lead Counsel)
  • Astellas US LLC v. Imperial College Innovations Limited, IPR2020-00764 (as Lead Counsel)
  • Chugai Pharmaceutical Co., Ltd v. Alexion Pharmaceuticals, Inc., D. Del (2018)
  • Bristol-Myers Squibb Company v. EMD Serono, D. Del (2017)
  • Certain Human Milk Oligosaccharides and Methods of Producing the Same, ITC (2018)

Related Services & Industries

Education

  • Boston College Law School, JD
  • Fordham University, BS
    Dean's List

Admissions

  • New York
  • Massachusetts

Courts

  • US Supreme Court
  • US Court of Appeals for the Federal Circuit
  • US Patent and Trademark Office

Languages

  • English

Professional & Community Involvement

  • Previously a research associate in the Department of Molecular Biology at Princeton University
  • Previously a research associate in the Department of Pediatric Oncology at the Dana-Farber Cancer Institute
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