Richard B. Racine

Partner

Richard Racine is Finnegan’s chairman and a member of the firm's management and compensation committees. Previously, he served as the managing partner of the firm, and he has also led the firm’s chemical practice group. His 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 management. He works closely with in-house counsel of major chemical and pharmaceutical corporations in developing and executing strategies that best obtain, protect, and enforce their intellectual property.

He has extensive litigation experience and has had key responsibilities in all aspects of federal district court litigations, from the initial pleading stage through discovery, motions, claim construction, and trial. Much of Mr. Racine’s litigation practice involves complex and significant patent infringement disputes. For example, he has played 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 a very extensive and sophisticated opinion and due diligence practice involving a wide range of technologies, especially for large pharmaceutical companies, relating to licensing and acquisition opportunities. He has rendered countless opinions on complex patent validity, enforceability, and infringement questions in a variety of chemical and pharmaceutical technologies. Many of these opinions are in anticipation of litigation or as part of mergers, acquisitions, due diligence investigations, patent portfolio assessments, or licensing opportunities.

Mr. Racine lectures frequently on opinion and due diligence practice. He has chaired and lectured at various meetings and programs including the Intellectual Property Owners Association, the Biotechnology Industry Organization, the Hildebrandt Institute, and the Southwestern Legal Foundation. He is a principal lecturer for the Practice Resources Group course on drafting patent validity and infringement opinions.

Highlights

• Role in firm management has provided a first-hand experience with the business, management, and legal issues clients confront.
• Regularly advised a major oil company over a number of years on patent issues relating to its commercial products and processes.
• Successful representation of W.R. Grace’s Cryovac Division in major litigations enforcing Grace’s multilayer heat-shrinkable polymeric film patents; settled, following bench trial finding infringement in favor of Grace.
• Represented GlaxoSmithKline in numerous ANDA patent litigations relating to a key drug, including a number of summary judgment successes and settlements.
• Represented W.R. Grace’s Cryovac Division against charges of patent infringement by its polymeric films resulting in favorable settlements.

Professional Recognition

• Selected by his peers for inclusion in The Best Lawyers in America, 2009-2013.

Professional Activities

• 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

Select Publications

• "Challenges Facing Chinese Companies Exporting to the United States," Imp & Exp Executive, Jan. 2012.
• "The Interplay Between U.S. Pharmaceutical Patents and FDA Law," MIP 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.
• "Facing Reality: How to Fashion a Strategy to Succeed in Today's Fragmented, Competitive Legal Marketplace," Hildebrandt, 2007.
• "Opinions of Counsel and Willful Infringement," Intellectual Property Owners, 2006.
• "Opinions of Counsel and Willful Infringement," Biotechnology Industry Organization, 2006.
• "The Battle Over Science in the Courtroom," Federal Lawyer, Feb. 1995.
• "To Sue or Not To Sue," Chemtech, March 1994.
• Coauthor. “Third-Party Opinions: Traps and Pitfalls,” Federal Circuit Bar Journal, Winter 1994.