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Finnegan
Richard B. Racine
Senior Counsel
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vCard
  • 901 New York Avenue, NW
  • Washington, DC 20001-4413
+1 202 408 4038
rich.racine@finnegan.com rich.racine@finnegan.com

Richard B. Racine

Senior Counsel

  • +1 202 408 4038 +1 202 408 4038
  • rich.racine@finnegan.com rich.racine@finnegan.com
  • 901 New York Avenue, NW
  • Washington, DC 20001-4413
  • vCard
Rich Racine uses his 40-plus years of intellectual property experience to develop winning legal strategies for clients that allow them to achieve their business objectives in a cost-effective and efficient manner. Having served as the firm's managing partner and chairman for many years, including during the Great Recession, he brings a deep understanding of the interplay between legal and business issues to his legal practice.

Rich's practice involves virtually all aspects of intellectual property law, with a particular emphasis on district court patent litigation, inter partes reviews (IPR) at the Patent Trial and Appeal Board (PTAB) of the U.S. Patent and Trademark Office (USPTO), due diligence investigations, and opinion matters. He works closely with clients in a variety of technologies to develop and execute strategies that best obtain, protect, and enforce their intellectual property.

Rich 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 held 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 (FDA) rules. Over the past few years, Rich has represented petitioners and patent owners in over a dozen IPRs involving commercially important vaccines and pharmaceuticals.

Rich has a robust 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.

Rich frequently lectures 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, including the Practice Resources Group, Managing Intellectual Property (MIP), Intellectual Property Owners Association (IPO), the Biotechnology Innovation Organization (BIO), the Hildebrandt Institute, the Food and Drug Law Institute (FDLI), CEC Fortune 500 Conference, and the Southwestern Legal Foundation.

Rich has held numerous management and leadership roles in the firm. He served as the firm's chairman, following his tenure as managing partner. He has been a member of both the management and compensation committees, and he led the firms chemical practice group for two terms. Currently, Rich serves as Finnegan's Loss Prevention Counsel, focusing on ethics, conflicts, and loss prevention issues.

Experience

Certain Sulfentrazone, Sulfentrazone Compositions, and Processes for Making Sulfentrazone

Defended two Chinese agro-chemical companies, defeating a petition for a temporary exclusion order and prevailing at trial, holding the patent invalid and not infringed.

337-TA-914, ITC, Judge Lord

Cephalon, Inc. v. Sun Pharmaceuticals Industries, Inc.

Successfully represented Cephalon against generic challenges to its patent portfolio.

3:11-cv-05474, D.N.J., Judges Arpert, Shipp, Wolfson

Merck Sharp & Dohme Corp. v. GlaxoSmithKline Biologicals SA

Represented patent owner GlaxoSmithKline Biologicals SA in multiple inter partes review (IPR) proceedings involving vaccine production patents.

IPR2018-01229, -01234, -01236, -01237; IPR2019-00230, -00241, PTAB, Judges Snedden, Kokoski, Smith

Pfenex Inc. v. GlaxoSmithKline Biologicals SA

Representing patent owner GlaxoSmithKline Biologicals SA in multiple inter partes review (IPR) proceedings involving vaccine production patents.

IPR2019-01027, -01028, PTAB

Viskase Corp. v. W.R. Grace

Defended W.R. Grace's Cryovac Division against charges of patent infringement by its polymeric films, resulting in favorable settlements.

1:90-cv-07515, N.D. Ill., Judge Rovner

W.R. Grace & Co. v. Viskase Corp.

Successful representation of enforcing Grace's multilayer heat-shrinkable polymeric film patents; settled, following bench trial finding infringement.

1:90-cv-05383, N.D. Ill., Judge Conlon

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Insights

Event

Paragraph IV Disputes Master Symposium Paragraph IV Disputes Master Symposium

September 19-20, 2016

Chicago

Event

The Fourth Annual China IP Forum The Fourth Annual China IP Forum

January 10-11, 2014

Beijing

Event

Henan IP Workshop Henan IP Workshop

January 15, 2013

Henan

Event

Intellectual Property Throughout the Drug Development Lifecycle: Opportunities and Challenges Intellectual Property Throughout the Drug Development Lifecycle: Opportunities and Challenges

July 17, 2012

Washington

Conference

Outsourcing Drug Discovery: Partnership and Licensing Tactics Outsourcing Drug Discovery: Partnership and Licensing Tactics

May 9-10, 2012

Philadelphia

Articles

Challenges Facing Chinese Companies Exporting to the United States Challenges Facing Chinese Companies Exporting to the United States

January 5, 2012

Imp-Exp Executive Magazine
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News

Award/Ranking

Finnegan Ranks at the Top of the Managing Intellectual Property IP Stars Rankings Finnegan Ranks at the Top of the Managing Intellectual Property IP Stars Rankings

June 28, 2024

Managing Intellectual Property

Press Release

Managing Intellectual Property IP Stars: Finnegan Scores Top Patent Rankings Across the Board Managing Intellectual Property IP Stars: Finnegan Scores Top Patent Rankings Across the Board

July 13, 2023

Managing Intellectual Property

Press Release

29 Finnegan Attorneys Ranked by Best Lawyers

29 Finnegan Attorneys Ranked by Best Lawyers

August 18, 2022

U.S. News—Best Lawyers

Press Release

Twenty Finnegan Attorneys Recognized by Best Lawyers Twenty Finnegan Attorneys Recognized by Best Lawyers

August 20, 2021

U.S. News—Best Lawyers

Announcement

Best Lawyers Recognizes 21 Finnegan Attorneys Best Lawyers Recognizes 21 Finnegan Attorneys

August 28, 2020

Press Release

31 Finnegan Attorneys Named Managing Intellectual Property IP Stars 31 Finnegan Attorneys Named Managing Intellectual Property IP Stars

May 4, 2020

Managing Intellectual Property
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Professional Activities

  • American Chemical Society
    (division chair, 1994; division chair-elect, 1993; program chairperson, Division of Chemistry and the Law, 1991-1993)
  • American Bar Association
    (subcommittee chair, Attorney Opinions Committee, 1993-1994)
  • American Intellectual Property Law Association
  • Bar Association of the District of Columbia
  • The District of Columbia Bar
  • Federal Circuit Bar Association
Admissions and Education

Admissions

  • U.S. Patent and Trademark Office
  • District of Columbia
  • Ohio
  • U.S. Court of Appeals, Federal Circuit

Education

Case Western Reserve Law School
J.D., 1981
Georgetown University
B.S., Chemistry, 1978

Richard's Practices

Global IP Enforcement, Litigation, and Trials
Antitrust and Misuse
Branded Hatch-Waxman (ANDA) Litigation and Trials
Patent Litigation and Trials
Pretrial Strategies
Patent Office Invalidation Proceedings
PTAB Invalidation Proceedings: IPR and PGR
Prosecution and Portfolio Management
Due Diligence
IP Portfolio Management
Opinions and Counseling

Richard's Industries

Chemicals, Industrials, and Materials
Chemical
Energy
Clean Energy and Renewables
Oil and Gas
Life Sciences
Medical Device and Diagnostics
Pharmaceutical

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