Richard de Bodo

Rich de Bodo is a partner in the litigation and intellectual property groups. He serves as lead trial counsel in high-stakes cases for leading pharmaceutical, technology, and life sciences companies, as well as individuals, early-stage companies, and small businesses. Rich is known for his forceful advocacy on behalf of his clients, his attention to detail, his ability to develop and collaborate with strong teams of lawyers, and his creative problem-solving. He has won significant victories for companies, organizations, and individuals in federal and state courts throughout the US, multiple appellate courts, the International Trade Commission (ITC), the US Patent Office, arbitrations, and other forums. According to Chambers USA, “Clients are impressed by Rich’s brilliant mind and unmatched strategic skills.” Chambers quoted one client: “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.”

Rich is ranked as one of the best intellectual property, patent, and life sciences lawyers in the US. He has successfully litigated Hatch-Waxman cases and Biologics Price Competition and Innovation Act (BPCIA) cases for leading pharmaceutical and biotechnology companies, and he has won patent infringement and inventorship cases, trade secrets cases, Lanham Act, trademark, false advertising, unfair competition cases, and post-grant challenges to patents before the PTAB.

Rich has also successfully represented Native American and Alaska Native tribes, villages, organizations, and individuals in multiple matters relating to their aboriginal and treaty rights and sovereignty, their lands and resources, their civil rights, their voting rights, and their health and welfare. He has teamed up with and/or represented the Native American Rights Fund (NARF) in a number of these matters.

Representative Matters

Pharmaceutical, Biotechnology, and Life Sciences Companies

• Won trial for pharmaceutical company in high-stakes Hatch-Waxman patent litigation involving client’s best-selling anesthetic drug and obtained a permanent injunction blocking market entry by competitor on all three asserted patents;
• Successfully obtained freedom to operate for biopharmaceutical company in high-stakes inventorship litigation 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 Hatch-Waxman patent case involving billion-dollar anti-ulcer, heartburn, and acid reflux drug;
• Successfully assisted biosimilar manufacturer in invalidating key blocking patents, overcoming multiple barriers to entry, navigating the BPCIA, and launching major biosimilar antibody product several years ahead of schedule;
• Won multiple summary judgments of noninfringement for leading pharmaceutical company in patent lawsuit targeted at its billion-dollar cancer drug and its international cancer research program;
• Successfully represented biopharmaceutical company in asserting its crown-jewel patents relating to humanized antibodies and obtained lucrative licenses from market-leading pharm company for four blockbuster biologic drugs;
• Successfully represented leading pharmaceutical company in high-stakes patent infringement case involving drug for severe sepsis and challenges to the company’s conduct in clinical trials and the FDA approval process;
• Successfully represented leading pharmaceutical company in patent and antitrust lawsuit and defeated challenges to company’s crown-jewel patents covering its blockbuster AIDS therapies;
• Successfully represented leading 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 of noninfringement and Federal Circuit appeal in 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 bet-the-company case that resulted in a landmark Federal Circuit ruling on the Digital Millennium Copyright Act;
• Won summary judgment of noninfringement in two patent infringement cases involving company’s market-leading photographic-quality printers and inks;
• Won summary judgment of noninfringement in high-stakes patent infringement case involving digital cameras and camcorders;
• Successfully represented leading decontamination and disinfection company in cutting-edge patent and trademark litigation, validated company’s patented technology, and secured and strengthened its market-leading brand;
• Successfully represented leading semiconductor company in high-stakes trade secrets and employee solicitation case involving semiconductors that perform RF turning and transceiving and defeated preliminary injunction motion brought by a leading competitor;
• Won trial and obtained a $120 million jury verdict and worldwide injunction in a patent and trade secrets case involving complex computer software.

Native American Law

• Won federal trial in lawsuit under the Voting Rights Act and US Constitution on behalf of Alaska Native voters and negotiated settlement establishing that for the first time, the State of Alaska would provide voters its Official Election Pamphlet and other voting materials in multiple different Alaska Native languages and dialects;
• Won two federal district court injunctions based upon the US Constitution and Voting Rights Act prohibiting North Dakota from enforcing restrictive voter identification requirements that unfairly burdened the voting rights of Native Americans living on reservations;
• 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.

Education

Associations & Memberships

State Bar of California

District of Columbia Bar

Federal Bar Association

Los Angeles County Bar Association

American Bar Association, co-chair Litigation Section, member of Intellectual Property Litigation Committee

National Institute of Trial Advocacy, Instructor on Trial Advocacy and Trial Strategy

Hastings College of Advocacy, Instructor on Trial Advocacy and Trial Strategy

Honors & Awards

Super Lawyers, Outstanding Intellectual Property Litigation Attorney, 2005-2022

Benchmark Litigation, Outstanding Lawyer in Litigation 2023; Intellectual Property and Life Sciences, 2015-2018

Best Lawyers in America, 2007-2018

Chambers and Partners USA, Intellectual Property 2009-2018, Life Sciences 2009-2018

The Legal 500 US, Outstanding Lawyer in Healthcare – Life Sciences, 2015-2018

Daily Journal, Outstanding Intellectual Property Lawyer, 2010-2018

Managing Intellectual Property, IP Patent Star 2012-2018

LMG Life Sciences, Life Sciences Star: Intellectual Property, 2012-2018

Who’s Who Legal, Outstanding Life Sciences Attorney, 2015-2018

Euromoney/LMG Life Sciences, Awarded General Patent Litigator of the Year – California, 2016

Global Health and Pharma, Awarded:Best Firm for Biologic Drug Litigations – California, 2016-2017

Native American Rights Fund, Recognized and honored for pro bono work, 2016

Bar Admissions

California

District of Columbia

U.S. Supreme Court

U.S. Court of Appeals, Federal Circuit

U.S. Court of Appeals, Ninth Circuit

U.S. Court of Appeals, Seventh Circuit

U.S. Court of Appeals, Eighth Circuit

U.S. District Court, Central District of California

U.S. District Court, Northern District of California

U.S. District Court, Southern District of California

U.S. District Court, Eastern District of California

U.S. District Court, District of Columbia

U.S. District Court, Eastern District of Texas

U.S. District Court, Northern District of Illinois

U.S. District Court, District of Colorado

U.S. District Court, District of North Dakota