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 Department. Prior to joining Porzio in 2014, he was a partner in the Washington office of Patton Boggs LLP.


Richard's practice focuses on intellectual property litigation, regulatory enforcement, and public policy matters for life sciences companies, including dietary supplement, biotechnology, medical device, pharmaceutical, and related firms, ranging in size from the Fortune 500 to startups. Richard has successfully litigated patent, trademark, unfair competition, trade secrets, and copyright IP cases in U.S. District Courts around the United States and before the International Trade Commission. Richard also represents clients in unfair competition, false advertising, and trade regulation cases. He has over 30 years of experience in all phases of litigation, including initial investigation, discovery, dispositive motions, trial, and post-trial experience. Richard has also briefed and argued appeals to the U.S. Court of Appeals for the Federal Circuit, including drafting amicus briefs for trade associations at the Federal Circuit and U.S. Supreme Court. His IP practice also includes technology licensing, strategic counseling, and due diligence matters.


Richard is also actively engaged in representing clients in regulatory enforcement and government investigation matters before agencies, such as the Food and Drug Administration, Federal Trade Commission, Department of Justice and state Attorneys' General. In addition, he assists and counsels clients that have public policy issues before those agencies and Congress.


He has served as a sole or panel arbitrator in dozens of cases and co-chaired the DC Bar’s Litigation Section. A Martindale-Hubbell AV-rated attorney, he was recognized in ALM’s 2013 “Legal Leaders: Washington DC and Baltimore Top Rated Lawyers.”

Representative Matters
  • Represent dietary supplement patent owner in multiple infringement cases.
  • Represented supplement company on patent eligibility decision in Natural Alternatives Int'l, Inc. v. Creative Compounds, LLC, 918 F.3d 1338 (Fed. Cir. 2019).

  • Represented Fortune 500 company in multiple patent cases regarding safety needles.

  • Defended biotech companies in patent litigation involving nucleic acid array and RNase H- reverse transcriptase products.

  • Defending a foreign political subdivision and media companies in copyright infringement case stemming from use of photographs to promote tourism.

  • Defended equine supplement subsidiary owned by Fortune 500 company from trademark infringement and Lanham Act claims.

  • Represent dietary supplement companies in claim substantiation and false advertising investigations by FTC.

  • Representing natural products trade association in regulatory and policy matters, including filing citizen petitions and rulemaking comments with FDA and amicus briefs in Second Circuit and District Courts.

  • Represented Enron CEO in congressional investigations.
  • Represented witness at Congressional oversight hearings, including on the selection of bid cities by the International Olympics Committee and campaign finance.

Government Service
  • Legislative Assistant, New York State Assembly, 1981 - 1982
Publications
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