Rory Radding
Registered Patent Attorney • Partner
Education
J.D., Albany Law School
B.A., Hamilton College
Expertise
IP Litigation (patent, trademark, copyright, trade secret) • Global IP Strategies • Patent Prosecution • IP Due Diligence • Patent Analysis and Opinions • Trademark Prosecution
Rory J. Radding is an IP strategist with 45 years of experience. He is also an accomplished first-chair trial lawyer. He has litigated diverse patent, trademark, copyright, and trade secret cases, acting for both plaintiffs and defendants, involving a wide variety of technologies and products, including LED lighting and lighting systems, plastic manufacture, electrochemical devices, ring laser gyroscopes, avionics, medical devices, communications, pharmaceuticals, computer controllers, food equipment, data compression, impact sensors, bicycles, candy, wine, jewelry, personal consumer products, skin and beauty care products, television commercials, and vehicle tires; to name a few. As a registered patent attorney, he has prosecuted patents covering chemical, biotech, and computer-related inventions in diverse industries.
Rory has served as lead trial counsel before several federal trial courts, including the district courts for New York, California, Connecticut, Colorado, Delaware, Illinois, Massachusetts, Ohio, and Pennsylvania. He has served as lead appellate counsel before the U.S. Courts of Appeals (for the Second, Eighth, Ninth, Tenth, and Federal Circuits) and the United States Supreme Court. He also has extensive experience representing clients before the United States International Trade Commission (ITC), and has litigated before the ITC in the fields of chemical catalysis, video games, electric switches, chemiluminescence, tractors, bar code readers, blu-ray players, artificial eyelashes and vehicle tires.
Rory also advises large, mid-size, small, and start-up clients, as well as non-profit associations and organizations, on global intellectual property strategies, including prosecution, licensing, and enforcement strategies involving patents, trademarks, copyrights, and trade secrets. He also has extensive experience advising clients on cross-border transactional matters, including mergers and acquisitions, the establishment of joint ventures, international and domestic technology transfer, licensing, as well as collaborative research agreements, and equity financing.
Before the start of his legal career, Rory was a pharmaceutical chemist at Wellcome Research Laboratory (now Glaxo Smith Kline) , and an environmental chemist at Union Carbide Corporation (now Dow Chemical).
My Focus
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Representative Matters
Patent Litigation
Tried and obtained a general exclusion order on behalf of Kubota Corporation and a $2.3 million fine in a case of first impression before the ITC involving parallel imports of used Japanese tractors
Lead trial counsel for defendant in Marchese d/b/a JDS Digital Security Systems, LLC v. Milestone Systems Inc. concerning patents related to video surveillance systems
Lead trial counsel for defendant in TQP Development, LLC v. Onkyo U.S.A. Corporation involving patents related to encryption technology
Lead trial counsel for defendant in Philips Solid-State Lighting Solutions, Inc. v. Lighting Science Group Corp., LED Holdings, LLC, and LED Effects, Inc. involving LED lighting patents and technology
Lead trial counsel for Intermec Technologies Corporation against Symbol Technologies in the ITC involving hand-held bar code scanners
Lead trial counsel for defendant On-Net Surveillance Systems, Inc. in Joao Control & Monitoring Systems, LLC v. ACTI Corporation Inc., et al. involving remote monitoring and control of vehicles and security systems
Lead trial counsel for respondents South China Tire and Rubber Co., Ltd. and Guangzhou South China Tire and Rubber Co., Ltd. In the Matter of Certain Tires and Products Containing Same before the United States International Trade Commission
Lead trial counsel for respondents Orion America, Inc. and Orion Electric Co., Ltd. In the Matter of Certain Blu-Ray Disc Players, Components Thereof and Products Containing Same before the United States International Trade Commission
Lead trial counsel for Onkyo USA Corporation in In the Matter of Certain Handheld Electronic Computing Devices, Related Software and Components Thereof before the United States International Trade Commission
Lead trial counsel in Kirin Brewery Limited, Inc. v. Merix Bioscience, Inc. involving cell therapy technology
Counsel for Nycomed (now Takeda) involving respiratory disease technology
Appellate counsel before the Federal Circuit in the $1.2 billion jury case, Litton Systems, Inc. v. Honeywell, Inc.
Appellate counsel before the Federal Circuit for the $70 million jury patent case in Celeritas Technologies Inc. v. Rockwell International Corporation
Lead trial counsel in Kirin Brewery Limited, Inc. v. Geron Corporation involving cell therapy technology
Lead trial counsel for plaintiff ICU Medical, Inc. v. Rymed Technologies, Inc. concerning infringement of patents for needleless IV connectors
Co-counsel for Respondent Alicia Zeng; and Artemis Family Beginnings, Inc. d/b/a Lilac St. In the Matter of Certain Artificial Eyelash Extension Systems, Products, and Components Thereof before the United States International Trade Commission
Trademark/Copyright/Trade Secret Litigation
Lead counsel for plaintiff in Gannett GP Media Inc. v. City Lifestyle LLC et al. involving trademark infringement and unfair competition in the use of magazine mastheads.
Lead trial counsel for plaintiffs in Beauty Barrage LLC et al v. Dermaceuticals Inc. et al involving trade secret misappropriation, breach of partnership agreement and breach of fiduciary duty involving consumer products in the personal and skin care industry
Lead counsel for plaintiff in Ritani, LLC v. Harout Aghjayan, et al. involving trademark, copyright infringement, unfair competition, misappropriation of trade secrets and breach of fiduciary duty and covenants not to compete in the engagement ring jewelry industry
Lead counsel for plaintiff Buccellati, Inc., et al. v. Laura Buccellati, et al. concerning unfair competition and infringement of mark “Buccellati” for fashion accessories
Lead counsel for plaintiff in Victorinox Swiss Army, Inc., et al. v. B&F Systems concerning unfair competition, infringement and counterfeit of trademark on the Swiss Army red-handled knife
Lead counsel for plaintiff in Victorinox Swiss Army, Inc., et al. v. First SBF Holding, Inc., et al. concerning infringement of the Swiss Army trademarks and designs for watches
Lead trial counsel in Carol’s Daughter Holdings, LLC v. Carol’s Express LLC, CVS Pharmacy, Inc., Turns and Trends, Inc., and Donyale Jermaine Bush involving infringement of trademarks and trade dress of beauty care products
Appellate counsel for plaintiff in Erchonia Corp. v. Meridian Medical, Inc., et al. concerning trademark infringement involving lipo laser medical devices
Commercial Litigation
Lead trial counsel in Lighting Science Group Corporation, LED Holdings, LLC and LED Effects, Inc. v. Koninklijke Philips Electronics N.V., Philips Electronics North America Corporation and Philips Solid-State Lighting Solutions, Inc. as successor to Color Kinetics for unfair competition involving LED lighting systems.
IP Advising and Transactional Matters
Developed global intellectual property strategies, including prosecution, licensing, and enforcement strategies involving patents, trademarks, copyrights, and trade secrets including a complete global strategy for several telecommunications and Internet-related companies, and a consortium of worldwide banks concerning security for e-commerce
Negotiated several multimillion-dollar alliances between a large pharmaceutical company and small start-up biotechnology discovery companies.
Represented Kirin Brewery in negotiating a global collaboration with Merix Bioscience on the research, development and commercialization of cell therapy technology
Represented Kirin Brewery in its multi-million dollar acquisition of Hematech which researches, develops and produces human polyclonal antibodies in cloned cows
Developed strategies for use of cannabis products in the food and cosmetic industry.
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Professional Admissions & Associations
New York State Bar
United States Patent and Trademark Office
Chair of the Dispute Resolution Committee of the Federal Circuit Bar Association (2018 - Present)
Member, New York State Bar Association
Task Force on Global Warming (2010 - Present)
Task Force on Digital Currency (2021 - Present)
Chair, Greentech and IP Committee of IP Law Section (2009 - 2019)
Ethics Committee of IP Law Section (2009 - Present)
Task Force on Electronic Communications (2006 - 2019)
Chair, Internet Committee of IP Law Section (1998 - 2009)
House of Delegates (1992 - 1996) and (2013 - 2024)
Founding Chair, IP Law Section (1992 - 1994)
Chair, IP Law Committee of International Law & Practice Section (1991 - 1998)
Chair, Art Law Committee of International Law & Practice Section (2021 - Present)
Member, Inter-Pacific Bar Association
Chair, IP Committee (1993 - 1995)
Program Coordinator (2000 -2003)
Chair, Technology, Media, and Telecommunications Committee (2014 - 2017)
Member, Licensing Executives Society
Chair, Japan Committee (1991 - 1995)
Member, Association of the Bar of the City of New York
International Trade Committee (1991 - 1994)
Member, American Bar Association
Professional Responsibility Committee of Litigation Section
Member, International Trade Commission Trial Lawyers Association
Member, International Trademark Association
Member, New York Intellectual Property Law Association
Board Member (2000 - 2003)
Member, International Technology Law Association
Board Member (2010 - 2018)
Co-Chair, Arbitration & Mediation Committee (2013 - 2018)
Co-Chair, IP Committee (2008 - 2011)
Artificial Intelligence Task Force (2018 - Present)
Artificial Intelligence Committee (2020 - Present)
The Association of Media & Entertainment Counsel
Board Member (2012)
Member, Federal Circuit Bar Association
Chair, Dispute Resolution Committee
Master, the Hon. William C. Connor Inn of Court
Fellow, the New York Bar Foundation
Fellow, the American Bar Foundation
Certified Licensing Executive
Member, American Chemical Society
Member, Asia Society
Member, Japan Society
Member, Korea Society
Member, International House of Japan
Advisory Board, National Knowledge & Intellectual Property Management Taskforce
Board of Trustees, African Agricultural Technology Foundation
Board of Trustees, Albany Law School
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Awards & Recognition
The Best Lawyers in America – Litigation – Intellectual Property, Litigation – Patent, and Patent Law (2016-2024)
Who's Who Legal: Thought Leaders - Data (2019- 2024)
New York Metro Super Lawyers (2003 - 2024)
BTI Client Service All-Star MVP by BTI Consulting Group (2017 - 2018)
Who's Who Legal: Data (2018 - 2019)
Who's Who Legal: Telecommunications, Media, and Technology (2016)
BTI Client Service All-Star for IP by BTI Consulting Group (2015) - Recognized by corporate counsel for "exemplifying the best in firm client service, legal creativity, quick responses, and business savvy."
Most Innovative IP Specialist - USA by AI Global Media Ltd. (2015)
Recipient, 2015 Legal Award from Acquisition International
Recipient, 2015 M&A Award from Corporate America
The International Who's Who of Business Lawyers
The International Who's Who of Information Technology Lawyers
Who's Who Legal: Technology Media & Telecommunications Lawyers
Who's Who Legal: Data - Information Technology, Data Privacy and Protection, and Data Security Lawyers
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Publications & Presentations
Speaker/Moderator, "Artificial Intelligence and Blockchain - Friend or Foe for IP? The practicalities, policy, and impact of protecting, exploiting, and litigating emerging technologies," presented in Bangalore at the World Intellectual Property Forum, January 2024
Speaker, "Artificial Intelligence and Bias in the Field of Justice - Causes and Possible Cures" and "Data Analytics for Justice Enhancement," presented in Riyadh at the International Justice Conference sponsored by the Saudi Arabian Ministry of Justice, March 2023
Speaker/Moderator, "Art at War," presented for the NYSBA - International Section, London Global Conference, December 2022
Panelist, “Intersection of Art and Intellectual Property,” Issues and Recent Developments in Art Law Series II, Part I, October 22, 2019 (jointly with Christies)
Webinar, “Obtaining Exclusion Orders from the U.S. International Trade Commission” presented for the International Trade Administration of the U.S. Commerce Department, April 7, 2020.
Panelist, Practicing Law Institute, “Think Like a Lawyer, Talk Like a Geek: Get Fluent in Technology, Responsible Artificial Intelligence,” October 7, 2019
Co-Author, “Locke Lord QuickStudy: FDA Warning Letter Confirms Ban on Drug Claims for CBD Containing Products,” Locke Lord LLP, July 24, 2019
Keynote Speaker, “Global IP Strategies for Innovation Cycles,” 17th China Straits International Global Innovation Summit, Fuzhou, China, June 18, 2019
Co-Author, “Locke Lord QuickStudy: FDA and the Regulation of Cannabis: Highlights of FDA’s Public Meeting of May 31, 2019,” Locke Lord LLP, June 5, 2019
Co-Author, “AI and Intellectual Property,” Responsible AI: A Global Policy Framework, First Edition, International Technology Law Association, May 2019
Speaker, “Emerging Trends in Intellectual Property and Ethical Considerations for Lawyers,” Artificial Intelligence panel at the NYSBA Intellectual Property Section’s Spring 2019 Program, April 5, 2019
Speaker, “Assessing the Risks of using CBD and Hemp Oil in Cosmetics and Personal Care Products In Light of the Passage of the Farm Bill,” 6th Annual Regulatory and Compliance Forum on Cosmetics and Personal Care Products, March 28, 2019
Co-Author, “Locke Lord QuickStudy: The 2018 Farm Bill, Cannabis and the FDA: Clarification or Continued Regulatory Uncertainty?” Locke Lord LLP, March 22, 2019
Co-Author, “Locke Lord QuickStudy: Register Before You Sue: SCOTUS Affirms Registration by Copyright Office as a Prerequisite to Infringement Litigation,” Locke Lord LLP, March 5, 2019
Speaker, “Piracy,” 40th ANA/BAA Marketing Law Conference, Chicago, November 8, 2018
Moderator, “Intellectual Property Issues,” Issues and Recent Developments in Art Law, Part 3, June 5, 2018 (jointly with Christies)
Speaker, “Diversion – Now What Can We Do and Can We Prevent It In The Future?,” Independent Cosmetic Manufacturers and Distributors’ (ICMAD) Cosmetic Technical/Regulatory Forum 2018, February 13, 2018
Co-Author, “Locke Lord QuickStudy: Opening Trademarks to New Possibilities — Federal Circuit Affords Immoral or Scandalous Trademarks First Amendment Protection,” December 21, 2017
Speaker, “Strategies for Adapting to the Defend Trade Secrets Act (DTSA) – Impact on Business and Litigation Strategies,” Locke Lord Webinar, January 25, 2017
Contributor, Privacy and Cybersecurity Risks: A 2016 Locke Lord Desk Reference, November 2016, “Privacy and Cybersecurity Risks: A 2016 Locke Lord Desk Reference, 7th Edition Released,” November 2016
Co-Author, “Locke Lord QuickStudy: Supreme Court Keeps Spider-Man Maintaining The Status Quo – Royalties End When The Patent Expires,” Locke Lord LLP, June 24, 2015
Co-Author, “E-Discovery and the Cloud,” Today’s General Counsel, December/January 2015
Co-Author, “Edwards Wildman Client Advisory – Supreme Court Reconciles Federal Circuit Diverse Views on Patent Eligibility of Computer Implemented Inventions,” June 2014
Presenter, “Analysis of a Technology License Agreement,” Practicing Law Institute Advanced Licensing Agreements, 2012
Author, “Protecting Trademarks Against the Counterfeiting Threat,” World Trademark Review, Issue 36, April/May 2012
Author, “Managing Risk in the Regulatory Environment,” World Trademark Review, Issue 34, December 1, 2011
Presenter, “Drafting Dispute Resolution Clauses in R&D Agreements,” Inter-Pacific Bar Association 21st Annual Meeting & Conference, 2011
Presenter, “Analysis of a Technology License Agreement,” Practicing Law Institute Advanced Licensing Agreements, 2011