Richard McCaulley - Founder / Partner

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Rick McCaulley brings to bear more than 20 years of experience handling complex patent, trade secret, and antitrust disputes. He has served as lead counsel in jury and bench trials in the U.S. federal courts and before the Patent Trial and Appeal Board and advised on substantial matters in international courts.

With a degree and deep background in biomedical engineering, Rick has represented major pharmaceutical and medical device companies such as Bausch & Lomb, Pfizer, AstraZeneca, Biomet, GN Resound, and Nevro in matters such as Hatch-Waxman/ANDA litigation, among other types of patent disputes. Recognized for his results in the courtroom on cases involving complex technologies, Rick has also become the go-to litigator for many high-tech companies.

As co-founder of a highly-successful medical device company, Rick understands the strategic value of a company’s IP and how to protect it. Through this dual perspective, that of both a seasoned trial lawyer and business leader, Rick built a world-class reputation for delivering the business results clients need — it’s one of the reasons clients call upon Rick to handle matters of the highest strategic importance.

Rick regularly speaks on patent issues, trial strategies, the effective use of budgeting and legal project management tools, and a variety of other topics. He is recognized for his expertise and results by Chambers USA, Legal 500, Best Lawyers, Managing IP, and Euromoney, among others.

• AstraZeneca v. Breath, Ltd. et al. (D.N.J.): Represent AstraZeneca in ANDA litigation involving Pulmicort Respules®, a nebulized corticosteroid used to treat asthma.

• King Pharmaceuticals et al. v. Teva Parenterals et al. (D. Del.): Represented Pfizer subsidiaries, King Pharmaceuticals and Meridian Medical Technologies, in ANDA litigation involving King’s EpiPen® epinephrine auto-injector product.

• Baxter, Inc. v. Minrad (D. Del.): Represented Baxter in ANDA litigation involving anesthesia products.

• Gian Biologics, LLC v. Biomet, Inc. (D. Del.): Represented Biomet in a patent infringement action involving autologous blood separation technology.

• CIBA Vision v. Bausch & Lomb (N.D. Ga.): Represented Bausch & Lomb in a patent infringement action related to polymer compositions and morphology for contact lenses.

• SciMed Life Systems, Inc. v. Advanced Cardiovascular Systems, Inc. (N.D. Cal; Fed. Cir.): Represented Advanced Cardiovascular Systems in a patent infringement action related to rapid exchange catheter systems.

• Süd Chemie, Inc. v. CSP Technologies, Inc. (S.D. Ind.): Represent CSP Technologies in a patent infringement action related to desiccant-entrained polymer container systems for storing and dispensing drugs and drug products.

• ICU Medical Systems, Inc. v. Alaris (C.D. Cal.): Represented Alaris in a patent infringement action involving valve systems for intravenous drug delivery.

• Edwards Lifesciences, LLC v. Cook Incorporated (N.D. Cal.): Represented Edwards Lifesciences in patent litigation involving intraluminal grafts for treating aortic aneurysms.

• Edwards Lifesciences, LLC v. Gore (N.D. Cal.): Represented Edwards Lifesciences in patent litigation involving intraluminal grafts for treating aortic aneurysms.

• duPont v. Cardinal Health (D. Tenn.): Represented Cardinal Health in a patent infringement action involving polymer and fiber compositions for medical products.

• Activision T.V., Inc. et al. v. Richardson Electronics, Inc. et al. (N.D. Ill.): Represented NEC Display Solutions in a patent infringement case relating to digital display technology.

• RR Donnelley & Sons Company v. Xerox Corporation (N.D. Ill.): Represented RR Donnelley in a patent infringement case relating to variable data printing technology.

• Linksmart Wireless Tech. v. AT&T Mobility (E.D. Tex.): Represented AT&T in a patent infringement action related to wireless access authentication protocols and rule implementation for roaming internet users.

• IP STARS Awards Three Haley Guiliano Partners 2022 Patent Stars

• NY and London Offices, Seven Partners, Honored in IAM’s Patent 1000

• Jim Haley and Rick McCaulley named to Best Lawyers

• Seven HG Partners named to IAM Patent 1000

• Jim Haley and Rick McCaulley named IP STARS

• HG Partners publish a Q & A on United States patent litigation in the IAM Global Patent Litigation Guide 2021

• World IP Review Leaders (2017)

• Legal 500 (2015, 2017)

• Chambers USA: America’s Leading Lawyers for Business (2014-2019)

• The Best Lawyers in America (2012-2019)

• IAM Patent 1000 – The World’s Leading Patent Practitioners (2013-2019, 2022)

• Managing IP – “IP Star” (2013-2014)

• Euromoney’s Guide to the World’s Leading Patent Law Practitioners (2008-2013)

• Intellectual Property Owners Association (IPO)

• J.D., 1994, University of Notre Dame, magna cum laude

• B.S., 1987, Biomedical Engineering, Trinity College (CT)

• Illinois

• Court of Appeals for the Federal Circuit

• Court of Appeals for the 7th Circuit

• “The Future of Trade Secrets and the DTSA,” MIP Trade Secrets Forum (September 27, 2016)

• “The Defend Trade Secrets Act of 2016 – What You Need to Know,” Association of Corporate Counsel (June 15-16, 2016)

• “Critical Issues in Trade Secrets & Economic Espionage,” Ropes & Gray’s West Cost Lunchtime Legal Briefing (March 31, 2016)

• “Winning on Either Side of the “v.”: How to Succeed as a Patent Challenger or Defender,” Ropes & Gray and the ACC on Post-Grant Patent Challenges at the Patent Trial and Appeal Board Conference (January 13, 2016)

• “Evaluating the Merits of Bringing A Declaratory Judgment Action,” ACI Paragraph IV Conference (October 1, 2015)

• “Exploring the Parallel World of IPR Proceedings,” ACI Medical Device Patents Conference (March 4, 2015)

• “Litigation Issues,” PLI: Fundamentals of Patent Prosecution 2015: A Boot Camp for Claim Drafting & Amendment Writing (May 14, 2015)

• “New System Challenges: The European Unitary Patent System and PTAB,” FCBA International Series (October 21, 2014)

• “Perspectives for European Lawyers on the New U.S. Patent Trial and Appeals Board as a Forum for Resolving Hi-Tech Patent Validity,” C5 Hi-Tech Patents: IPR Strategies & Litigation Conference (July 1, 2014)

• “Hot Venues: Delaware, Texas, Chicago & California,” Ropes & Gray IPMC Financial Services Roundtable (April 7, 2014)

• “Evaluating the Merits of Bringing A Declaratory Judgment Action,” ACI Paragraph IV Conference (October 1, 2015)

• “Exploring the Parallel World of IPR Proceedings,” ACI Medical Device Patents Conference (March 4, 2015)

• “Litigation Issues,” PLI: Fundamentals of Patent Prosecution 2015: A Boot Camp for Claim Drafting & Amendment Writing (May 14, 2015)

• “New System Challenges: The European Unitary Patent System and PTAB,” FCBA International Series (October 21, 2014)

• “Europe’s Unitary Patent System: What’s Next for U.S. Medical Device Companies?” BAIMA Luncheon Seminar, Silicon Valley (March 13, 2013)