Richard J. Oparil

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Richard Oparil is a principal of Porzio, Bromberg & Newman and a member of the firm’s Intellectual Property and Litigation Departments. He has 30 years of experience representing clients before federal courts, agencies and Congress. Prior to joining Porzio in 2014, he was a partner in the Washington office of Patton Boggs LLP.  

Richard has represented biotechnology, life sciences, dietary supplement, medical device, pharmaceutical, defense, financial services, software and other companies in patent, trademark, unfair competition, trade secrets, trade regulation and other complex litigation at the trial and appellate levels and before the International Trade Commission. He has litigated patent, trademark, unfair competition, trade secrets and copyright cases in District Courts and the Court of Appeals for the Federal Circuit. He has extensive experience in technology licensing, counseling and due diligence matters. Richard is also actively engaged in investigations and regulatory issues at the Federal Trade Commission and Food and Drug Administration. His clients have ranged in size from the Fortune 500 to startups.

His practice includes representing individuals and companies in white collar crime cases, including grand jury, Congressional and internal investigations. He has represented a variety of targets or subjects of investigations by the Department of Justice, including the then-Chairman of Enron Corporation. Richard represented a member of the International Olympic Committee at Congressional oversight hearings involving the selection of bid cities. He also represented clients in campaign finance investigations conducted by the Department of Justice and Congressional Committees. He has represented defendants in Foreign Corrupt Practices Act, RICO and False Claims Act cases.

Richard has served as a sole or panel arbitrator in dozens of cases. He is a former member of the DC Attorney/Client Arbitration Board and has previously served as co-chair of the DC Bar’s Litigation Section. He currently serves as a mediator for the U.S. District Court for the District of Columbia. A Martindale-Hubbell AV-rated attorney, he was recognized in ALM’s 2013 “Legal Leaders: Washington DC and Baltimore Top Rated Lawyers.”

Representative Matters
  • Represented beta-alanine dietary supplement patent owner in infringement case in which the defendant agreed to settle and exit the business.
  • Represented plaintiff in patent litigation involving antibody detection kits and systems directed to human papillomavirus (HPV).
  • Representing dietary supplement company in patent, trademark and copyright infringement and breach of license cases.
  • Represented the Welsh Government and media companies in copyright infringement case.
  • Defended an electronic cigarette seller in multiple patent infringement cases.
  • Represented Fortune 500 company in multiple patent cases regarding safety needles.
  • Represented French company in ANDA patent litigation involving drug delivery systems.
  • Defended Australian company in U.S. patent litigation involving RNAi technology.
  • Represented biotech companies in patent litigation involving nucleic acid array and RNase H- reverse transcriptase products.
  • Represented biotech company in International Trade Commission section 337 investigation of amino acid patent infringement.
  • Successfully settled infringement claims against energy optimization system provider.
  • Drafted a successful U.S. Supreme Court brief on patent standing and damages issues for a Japanese biotechnology company.
  • Authored amicus briefs for biotechnology and natural products associations.
  • Obtained judgments and consent judgments for United Kingdom defense contractor on patent and trade claims.
  • Represented oxygenated wound dressing company in arbitration with its joint venture partner.
  • Represented dietary supplement consultant in arbitration of contract dispute.
  • Represented software company in breach of licensing agreement dispute.
  • Tried one of the first successful false patent marking cases, Clontech Labs. v. Invitrogen Corp.
  • Represented a chemical company in the damages phase of a patent infringement suit.
  • Represented a senior officer and director of Enron Corporation in congressional investigations.
  • Represented a witness at Congressional oversight hearings involving the selection of bid cities by the International Olympics Committee.
  • Represented a client in a campaign finance investigation by the Department of Justice and congressional Committees.
  • Conducted an internal investigation of alleged wrongdoing by members of the board of a trade association.
  • Represented a not-for-profit student lending company in a $70 million breach of contract case against its former loan processor and servicer in the U.S. District Court for the District of Minnesota.
  • Represented an Internet publisher in a deception and unfair business practices action brought by the Federal Trade Commission and the New York Attorney General.
  • Represented electronic alert system company in government contract bid protest hearing.
  • Represented company in Federal Trade Commission investigation of patent assertion entities.
Government Service
  • Legislative Assistant, New York State Assembly, 1981 - 1982
Publications
Honors and Awards
  • Recognized on Washington, DC Super Lawyers list, Intellectual Property, 2017

Honors and Awards

Practice

Industries

Related Media

Bar Admissions

  • District of Columbia
  • New York
  • U.S. Court of Appeals, Federal Circuit
  • U.S. Court of Appeals, District of Columbia Circuit
  • U.S. Court of Appeals, 4th Circuit
  • U.S. Court of Appeals, 9th Circuit
  • U.S. District Court, District of Colorado
  • U.S. District Court, District of Maryland
  • U.S. District Court, Eastern District of Wisconsin
  • U.S. District Courts, Eastern, Northern, and Southern Districts of New York
  • U.S. District Courts, Eastern, Northern, Western, and Southern Districts of Texas
  • Court of Federal Claims
  • U.S. Supreme Court

Education

Case Western Reserve University School of Law, Cleveland, Ohio, J.D., magna cum laude, 1985
  • Order of the Coif
  • Winner, Ault Moot Court Competition
  • Editor, Case Western Reserve Law Review

 

Syracuse University, Syracuse, New York, B.A., 1981

 

Contact Address

1200 New Hampshire Avenue NW, Suite 710

Washington, DC 20036-6802

Phone: 202.517.1888

Fax: 202.517.6322

  • Oparil, Richard