Richard Kaiser Photo

Richard L. Kaiser

Partner

Overview

Rich has a strong track record in intellectual property law, specializing in all stages of the patenting process for mechanical arts and technologies. He helps clients build patent portfolios, avoid or invalidate competitor patents, and defend against infringement claims.

Through his extensive experience with utility and design patents, Rich has become a trusted, long-term business partner to producers and manufacturers. Rich works closely with clients, providing meaningful guidance on their U.S. and international patent strategies. Clients value his responsiveness as well as his practical and timely advice, and rely on him to manage all of their patent-related needs.

Rich’s work is regularly honored by regional and national ranking organizations. In 2014, he was named a “Leader in The Field” by Chambers USA and in 2015 he was named an “IP Star” by Managing Intellectual Property magazine.

 

Rich’s intellectual property law practice is broad, including:

Patent prosecution

  • Patentability searching, analysis and counseling
  • Application preparation
  • Application prosecution before relevant offices

Infringement and validity analysis

  • Counseling clients toward non-infringing designs
  • Preparation of non-infringement/invalidity opinions
  • Monitoring competitive patent activity
  • Counseling on enforcement of patent rights

Post-grant proceedings

  • Inter-partes review proceedings
  • Re-examination proceedings
  • European opposition proceedings
  • Litigation support in infringement cases

Intellectual property agreements

  • Licensing
  • Product development
  • Confidentiality/Non-disclosure
  • Consulting

Experience

Fully integrated in strategic patenting decisions

Several of Rich’s clients rely on him to work directly with their legal and business teams in planning and executing the company’s overall patent strategy. Rich regularly participates in executive patent review committee meetings, providing candid advice regarding the patentability of new inventions, the value and strategies of worldwide prosecution, and the ongoing maintenance of granted patents.

Utilizing many available avenues in defending against patent infringement allegations

After a large office products manufacturer was accused of infringing multiple patents, Rich has guided the team through invalidity proceedings against several of those patents. The District court litigation has been stayed while invalidity proceedings within the U.S. Patent and Trademark Office (USPTO), including three inter partes reexaminations, an ex parte reexamination, and an inter partes review (IPR), have been utilized. One patent was invalidated completely, another had claims narrowed, while others remain at various stages in appellate review.

Educating clients in the evolving world of patent law

Since 1999, Rich has been leading the firm in its mission of keeping in-house and foreign patent counsel updated on major patent law changes. From the introduction of US patent application publication in 1999, to the sweeping changes instituted by the America Invents Act in 2012 and 2013, and through the ongoing development of law surrounding the new Post Grant Review proceedings, Rich has given webinars and other presentations aimed at conveying the firm’s vast knowledge and understanding of the law to in-house and foreign counsel. 

Honors & Recognitions

  • IP Stars, Managing Intellectual Property magazine, 2015-present
  • Leading Intellectual Property Lawyer, Chambers USA, 2013-2014
  • "Rising Stars" list by Super Lawyers Magazine, 2006-2007

Education

Admissions

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