Richard B. Racine
Richard Racine's practice involves virtually all aspects of intellectual property law, with a particular emphasis on district court patent litigation, due diligence investigations, opinion matters, and patent portfolio development and management. He works closely with clients in a variety of technologies to develop and execute strategies that best obtain, protect, and enforce their intellectual property.
Mr. Racine has extensive litigation experience and has had key responsibilities in federal district court cases, from the initial pleading stage through discovery, motions, claim construction, and trial. Much of his litigation practice involves complex and significant patent infringement disputes. He has had lead roles in Abbreviated New Drug Application (ANDA) litigations for blockbuster pharmaceuticals and has a keen understanding of the interplay of the Hatch-Waxman Act, the patent laws, and the Food and Drug Administration rules.
Mr. Racine also has an extensive and sophisticated opinion and due diligence practice involving a wide range of technologies, with a specific focus in the pharmaceutical and chemical areas. He has rendered countless opinions on complex patent validity, enforceability, and infringement questions. Many of these opinions were in anticipation of litigation or as part of mergers, acquisitions, due diligence investigations, patent portfolio assessments and development, or licensing opportunities.
Mr. Racine lectures frequently on patent protection and litigation, especially opinion and due diligence practice, and the American Invents Act (AIA). He has chaired and lectured various meetings and programs hosted by organizations that include the Practice Resources Group, Managing Intellectual Property, Intellectual Property Owners Association, the Biotechnology Industry Organization, the Hildebrandt Institute, the Food and Drug Law Institute, CEC Fortune 500 Conference, and the Southwestern Legal Foundation.
- Certain Sulfentrazone, Sulfentrazone Compositions, and Processes for Making Sulfentrazone, 337-TA-914 (ITC). Defeated a petition for a temporary exclusion order and prevailed at trial, holding the patent invalid and not infringed.
- W.R. Grace v. Viskase (N.D. Ill.). Successful representation of enforcing Grace's multilayer heat-shrinkable polymeric film patents; settled, following bench trial finding infringement.
- Represented GlaxoSmithKline in numerous ANDA patent litigations relating to key drugs and vaccines, including a number of summary judgment successes and settlements.
- Viskase v. W.R. Grace (N.D. Ill.). Defended W.R. Grace's Cryovac Division against charges of patent infringement by its polymeric films, resulting in favorable settlements.
- Cephalon, Inc. v. Sun Pharmaceuticals (D.N.J.). Successfully represented Cephalon against generic challenges to its patent portfolio.
- Solarex, Inc. v. Sunarex (N.D. Cal.). Obtained preliminary injunction.
- Standard Oil v. Osage Oil (E.D. Okla.). Prevailed at trial and on appeal.
- Elf Atochem v. LOF (D. Del.). Reached a favorable settlement on the eve of trial.
- Provided opinions and advice to numerous clients on the development and enforceability of their patent portfolios covering key pharmaceuticals, chemicals, medical devices, and oil and gas products.
- Served as the firm's chairman, 2010-2013; managing partner, 2006-2010; member of the firm's management and compensation committees,
1996-1999 and 2005-2013; and led the firm's chemical practice group, 1994-1996 and 2001-2005
- Recognized by The Legal 500 U.S. for ITC patent litigation work, 2015.
- Recognized as an "IP Star" in Washington, D.C., by Managing Intellectual Property, 2013-2016.
- Selected by his peers for inclusion in The Best Lawyers in America, 2009-2016.
- The District of Columbia Bar
- Bar Association of the District of Columbia
- American Bar Association (subcommittee chair, Attorney Opinions Committee, 1993-1994)
- American Intellectual Property Law Association
- American Chemical Society (program chairperson, Division of Chemistry and the Law, 1991-1993; division chair-elect, 1993; division chair, 1994)
- The Federal Circuit Bar Association
- "Isolated Human Genes: Are They Patentable in the United States?," China IP News, Sept. 2013.
- "Challenges Facing Chinese Companies Exporting to the United States," Imp & Exp Executive, Jan. 2012.
- "The Interplay Between U.S. Pharmaceutical Patents and FDA Law," Managing Intellectual Property, Chinese edition, Dec. 2010.
- "The Importance of Intellectual Property Rights in Business Deals," China IP News, Oct. 2010.
- "Drafting Patent Validity and Infringement Opinions," Patent Resources Group, 2005-2007.
- "Opinions of Counsel and Willful Infringement," Intellectual Property Owners, 2006.