Rory Radding is a partner and head of the IP/Patent Group in the New York office of Morrison & Foerster. He has extensively litigated diverse patent, trademark, copyright, and trade secret cases, acting for both plaintiffs and defendants, involving LED lighting and lighting systems, plastic manufacture, electrochemical devices, ring laser gyroscopes, avionics, communications, pharmaceuticals, computer controllers, data compression, impact sensors, bicycles, candy, wine, personal consumer products, and television commercials, to name a few. He has acted as lead trial counsel before several of the federal trial and appellate courts throughout the United States, including the district courts for New York, California, Connecticut, Colorado, Delaware, Illinois, Massachusetts, Ohio, Pennsylvania, the U.S. Court of Appeals (for the Second, Eighth, Ninth, Tenth, and Federal Circuits), and the United States Supreme Court, among others.

He has acted as appellate counsel before the Federal Circuit in the $1.2 billion jury case Litton Systems, Inc. v. Honeywell, Inc., and the $70 million jury patent case Celeritas Technologies Inc. v. Rockwell International Corporation. He recently 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 United States International Trade Commission (U.S.I.T.C.) involving parallel imports of used Japanese tractors.

He has also litigated before the U.S.I.T.C. in the fields of chemical catalysis, video games, electric switches, chemiluminescence, tractors and bar code readers. Occasionally, instead of litigation, he employs alternate dispute resolution techniques to achieve favorable results.

Besides litigation, Mr. Radding is an accomplished negotiator in cross-border transactional matters, including mergers and acquisitions, the establishment of joint ventures, international and domestic technology transfer, including licensing, as well as collaborative research agreements and equity financing. He most recently negotiated a multimillion dollar alliance between a large pharmaceutical company and a small start-up biotechnology discovery company.

In addition, Mr. Radding is well known for developing global intellectual property strategies, including prosecution, licensing, and enforcement strategies involving patents, trademarks, copyrights, and trade secrets. He developed a complete global strategy for several telecommunications and Internet-related companies, and a consortium of worldwide banks concerning security for e-commerce.

Mr. Radding is a member of the New York State Bar Association (Founding Chairman, Intellectual Property Law Section, 1992-1994; House of Delegates, 1992-1996; Chairman, Internet Committee of the Intellectual Property Law Section, 1998-present; Chairman, Intellectual Property Law Committee of the International Law & Practice Section, 1991-1998; and Task Force on Electronic Communications, 2006-present). He is also a member of several other associations, including the Inter-Pacific Bar Association (Chairman, Intellectual Property Committee, 1993-1995 and Program Coordinator, 2000-2003), the Licensing Executives Society (Chairman, Japan Committee, 1991-1995), the Association of the Bar of the City of New York (International Trade Committee, 1991-1994), the American Bar Association (Professional Responsibility Committee of the Litigation Section), the International Trade Commission Trial Lawyers Association, the International Trademark Association, the New York Intellectual Property Association (Board Member, 2000-2003), the International Technology Law Association (Co-Chair, Intellectual Property Committee), and the Federal Circuit Bar Association. He is also a Fellow of the New York Bar Foundation and a member of the American Chemical Society, Asia Society, Japan Society, Korea Society, and the International House of Japan, is on the advisory board of the Science and Technology Law Center of Union University, and a member of the National Knowledge & Intellectual Property Management Taskforce. He is also a member of the Board of Trustees of Albany Law School. In addition, Mr. Radding is listed in The International Who’s Who of Business Lawyers; New York Super Lawyers 2008; and Best Lawyers in America 2009.

Before joining Morrison & Foerster, Mr. Radding was a senior partner at Pennie & Edmonds LLP, where he practiced for 30 years. Prior to practicing law, he was a pharmaceutical chemist with Wellcome Research Laboratory and a catalysis chemist with Union Carbide Corporation..

Representative Matters

• Acting as lead trial counsel in Philips Solid-State Lighting Solutions, Inc. v. Lighting Science Group Corp., LED Holdings, LLC, and LED Effects, Inc. involving basic LED lighting patents and technology.
• Acting as 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 Inc. for unfair competition involving LED lighting systems.
• Acted as lead trial counsel in Liposome Company v. Vestar, Inc. involving the use of liposomes for drug delivery.
• Acted as lead trial counsel in Kirin Brewery Limited, Inc. v. Merix Bioscience, Inc. involving cell therapy technology.
• Acted as lead trial counsel in Kirin Brewery Limited, Inc. v. Geron Corporation involving cell therapy technology.
• Acted as counsel for Altana Pharma, Inc. involving respiratory disease technology.
• Represented Kirin Brewery Co., Ltd. in negotiating a global collaboration with Merix Bioscience, Inc. on the research, development and commercialization of cell therapy technology.
• Represented Kirin Brewery Co., Ltd. in its $45 million acquisition of Hematech, LLC which researches, develops and produces human polyclonal antibodies in cloned cows.
• Acted as appellate counsel before the Federal Circuit in the $1.2 billion jury case, Litton Systems, Inc. v. Honeywell, Inc.
• Acted as appellate counsel before the Federal Circuit for the $70 million jury patent case in Celeritas Technologies Inc. v. Rockwell International Corporation.
• Tried and obtained a general exclusion order on behalf of Kubota Corporation and a $2.3 million fine in the case of first impression before the United States International Trade Commission involving parallel imports of used Japanese tractors.
• Acted as lead trial counsel for Intermec Technologies Corporation against Symbol Technologies, Inc. in the United States International Trade Commission involving hand-held bar code scanners.

Speeches

• Speaker: "Recent Developments in Patent Litigation and the U.S. Supreme Court", International Technology Law Association (ITechLaw) Annual Conference in Barcelona, Spain, November 3-8, 2008.
• Speaker: "The Nitty-Gritty of Working Strategies in Globalized Patent Litigation", Licensing Executives Society (LES) 2008 Annual Meeting, Orlando, Florida, October 19-23, 2008.
• Speaker/Panelist: "Are Patents Worth It?", New York State Bar Association Intellectual Property Law Section Fall Meeting, Cooperstown, New York, October 18, 2008.
• Speaker, “Selected Patent Issues for Consideration in Licensing in the Pacific Rim,” Practising Law Institute Advanced Licensing Agreement 2008, Chicago, IL (April 21-22, 2008).
• Speaker, “Selected Patent Licensing Issues in the United States,” ALI-ABA 6th Annual Course of Study for Intellectual Property Licensing Today, Scottsdale, AZ (January 24-25, 2008).
• Speaker, “Patent Reform Update,” Taskforce 9th Annual Briefing & Work Session (National Knowledge & Intellectual Property Management Taskforce), McLean, VA (November 28-29, 2007).
• Speaker, “Techniques for Negotiating International Research and License Agreements,” Licensing Executives Society 2007 Annual Meeting, Vancouver, Canada (October 14-18, 2007).
• Speaker, “Cross-border Due Diligence: Patents, Trade Secrets, Licensing,” ALI-ABA Course of Study for Cross-Border Business Transactions: Intellectual Property and Related Issues, Toronto, Canada (October 19, 2007).
• Speaker, “EU and Pacific Rim Licensing Issues,” Practising Law Institute 13th Annual Institute on Intellectual Property Law, NY (September 19-20, 2007).
• Speaker, “Do's and Don'ts in Licensing with China - Minimizing risk to your IP,” Licensing Executive Society International Conference", Zurich, Switzerland ( June 17-20, 2007).
• Speaker/Panelist, “Intangible Assets and IP: Creative Solutions to Monetize Challenging Assets,” 6th Annual Asset Based Lending in the Capital Markets Summit, Strategic Research Institute, Scottsdale, AZ (February 5-8, 2007).
• Co-Chair of the New York State Bar Association Intellectual Property Law Section Annual Meeting in NYC which covered IP policy issues, recent US Supreme Court developments, the law of fair use, global trade secrets issues and ethics and IP (January 23, 2007).
• Speaker, “Paragraph IV Certifications," Intellectual Property Issues, New York Pharma Forum, New York, NY (November 13, 2006).
• Speaker, “Understanding Trends in US Patent Litigation in Developing a Global Patent Strategy,” International Technology Law Association (ITLA) European Conference, Municipal House, Prague, Czech Republic (November 6, 2006).
• Speaker, “Patent Licenses: Issues and Concerns,” Fifth Annual ALI-ABA Course of Study about Intellectual Property Licensing Today, Chicago, IL, (October 5-6, 2006).
• Speaker, “Patent Licenses: Issues and Concerns,” Fourth Annual ALI-ABA Course of Study about Intellectual Property Licensing Today, Boston, MA (September 15 & 16, 2005).
• Speaker, “Strategies for a Patent Holder Concerning the Filing of an Infringement Action,” Pre & Early Stage Patent Litigation Conference, Law Seminars International, Atlanta, GA (November 9, 2005).
• Speaker, “IP Litigation Practice,” Blake Cassels & Graydon LLP Symposium on the Business of Intellectual Property and Technology Law in a Full Service Law Firm, Toronto, Canada (October 21, 2005).
• Speaker, “WIPO Digital Agenda,” Computer Law Association 3rd Conference of the Americas, Mexico City, Mexico (December 1-2, 2005).