Richard de Bodo is lead trial counsel in high-stakes, cutting-edge patent and trade secret cases for many of the world’s leading pharmaceutical, life sciences, and technology companies. Rich has an outstanding track record litigating and trying Hatch-Waxman cases and cases relating to biologic drugs, biosimilars, biotechnology, and medical devices. He has won significant victories in federal and state courts, arbitrations, the International Trade Commission (ITC), the US Patent Office, and other forums for companies seeking to protect US and international markets for their products or seeking to launch new products and overcome barriers to entry. Rich has experience counseling companies seeking to launch biosimilars in the US under the Biologics Price Competition and Innovation Act (BPCIA) and representing them in litigation, negotiations, and US Patent Office proceedings. He serves as the practice leader of Morgan Lewis’s life sciences intellectual property practice.
Rich has consistently been rated as one of the best intellectual property and life sciences lawyers in the U.S. According to Chambers USA, “Clients are impressed by [Rich’s] brilliant mind and unmatched strategic skills.” Chambers quotes one of Rich’s clients that, “When the stakes are high, [Rich] is the only person I’d go to. [He] gets the job done in a measured and calm manner.” Another client stated: “[Rich] is the person you need when you’re faced with highly complicated IP legal matters that involve many variables.”
Rich is a thought leader in the intellectual property and life sciences fields, and regularly lectures and provides commentary on developments in the law. Rich has taught trial advocacy and litigation strategy at the National Institute of Trial Advocacy, the Hastings College of Advocacy, and numerous continuing education programs. Before practicing law, Rich served as a judicial clerk in the US Court of Appeals and the US District Court.
Pharmaceutical, Biotechnology, and Life Sciences Companies
Won trial for pharmaceutical company in a high-stakes Hatch-Waxman patent litigation involving client's best-selling anesthetic drug and obtained permanent injunction on all three asserted patents.
Successfully obtained freedom to operate for biopharmaceutical company in a high-stakes inventorship dispute over 37 US and international patents concerning peptide therapies that stimulate red blood cell formation.
Won trial court and Federal Circuit victories and obtained a permanent injunction for leading pharmaceutical company in a Hatch-Waxman patent case involving a billion-dollar anti-ulcer, heartburn, and acid reflux drug.
Successfully represented leading pharmaceutical companies in series of Hatch-Waxman cases relating to market-leading pharmaceutical for ulcerative disorders and defeated multiple attempts to introduce competing generic products.
Successfully represented biosimilar manufacturer seeking to launch major biosimilar antibody product in the US under the Biologics Price Competition and Innovation Act (BPCIA) and helped manufacturer overcome multiple barriers to entry.
Won summary judgment victory for leading pharmaceutical company in patent infringement lawsuit targeted at its billion-dollar cancer drug and its international cancer research program.
Successfully represented biopharmaceutical company in asserting its foundational patents relating to humanized antibodies and obtained lucrative licenses for four blockbuster biologic drugs.
Successfully represented leading pharmaceutical company in a high-stakes patent infringement case involving drug for treating severe sepsis and the company’s conduct in clinical trials and the FDA approval process.
Successfully represented leading pharmaceutical company in a patent and antitrust lawsuit and defeated challenges to crown-jewel patents covering the company’s blockbuster AIDS therapies.
Successfully represented biotechnology company in multiple bet-the-company patent cases defending and asserting its market-leading technologies involving DNA microarrays and DNA sequencing.
Won district court and Federal Circuit victories for a vaccine company in a patent case that resulted in a significant Federal Circuit decision on inventorship and university ownership of patents.
Successfully represented biotechnology company in high-stakes patent case and preserved freedom to operate for its market-leading diagnostic test and immunoassay technology.
Technology and Software Companies
Won summary judgment and Federal Circuit appeal in a high-stakes patent infringement case involving launch of major new Internet search technology.
Won summary judgment in district court, summary determination at the ITC, and Federal Circuit appeal in a bet-the-company case that resulted in a landmark Federal Circuit ruling on the Digital Millennium Copyright Act.
Won summary judgment in two patent infringement cases involving companies’ market-leading photographic-quality printers and inks.
Won summary judgment in high-stakes patent infringement case involving digital cameras and camcorders.
Successfully represented leading semiconductor company in a high-stakes trade secrets and employee solicitation case involving semiconductors that perform RF tuning and transceiving and defeated a preliminary injunction motion brought by a leading competitor.
Won trial and obtained a $120 million jury verdict and a world-wide injunction in a patent and trade secrets case involving complex computer software.
Pro Bono Cases
Won federal district court trial in lawsuit brought under the Voting Rights Act and US Constitution on behalf of Alaska Native voters and negotiated settlement establishing that, for the first time in history, the State of Alaska would provide voters its Official Election Pamphlet and other voting materials in multiple different Alaska Native languages and dialects.
Successfully represented the Native American Rights Fund (NARF) and obtained substantial attorneys’ fees award based on NARF’s work for 14 years in landmark litigation relating to federal mismanagement of Native American trust assets.
Harvard Law School, 1983, Juris Doctor
Harvard College, 1978, Bachelor of Arts
District of Columbia
Awards and Affiliations
Recognized in Who’s Who Legal (2015–2016)
Ranked, Chambers USA, Recognized as Outstanding Lawyer in Life Sciences: IP/Patent Litigation and in Intellectual Property (2009–2017)
Recommended, Industry focus – Healthcare – life sciences, The Legal 500 US (2015–2017)
Ranked, Best Lawyers,Recognized as Outstanding Lawyer in Patent Litigation (2007–2016)
Ranked, Benchmark Litigation, Recognized as Outstanding Lawyer in Intellectual Property and Life Sciences (California) (2015–2018)
Ranked, Daily Journal, Top Intellectual Property Lawyer (2010–2016)
Ranked, Managing IP, Finalist for "Outstanding IP Litigator" award (2016)
Ranked, Managing IP, “IP Star” (2012–2016)
Ranked, LMG Life Sciences Guide, “Life Sciences Star” (2012–2017)
Ranked, Global Health and Pharma, “Best Firm for Biologic Drug Litigations - California” (2016)
Recipient, General Patent Litigator of the Year–California Award, Euromoney/LMG Life Sciences (2016)
Listed, Super Lawyers, Recognized as a Top Rated Intellectual Property Litigation Attorney (2005–2017)
Former Co-Chair, Intellectual Property Litigation Committee, American Bar Association Litigation Section
Former Co-Chair, Annual Intellectual Property Law Conference, American Bar Association Intellectual Property Section
Native American Rights Fund, Recognized and honored for pro bono work