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Richard T. Ruzich

Chair, ANDA & Biologics Practice Group

Chicago
333 West Wacker Drive
Suite 1900
Chicago, Illinois 60606
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(312) 382-3105
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(877) 992-6036
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(312) 462-1809
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    Richard T. Ruzich

    Richard T. Ruzich is the Chair of the firm’s ANDA and Biologics Practice Group. Richard focuses his practice on complex patent litigation, representing generic pharmaceutical companies in Abbreviated New Drug Application (ANDA) and launches-at-risk litigation. An accomplished trial and appellate advocate, registered patent attorney, and frequent lecturer and author, Richard is nationally known for his legal work on behalf of the generic pharmaceuticals industry.

    In addition, Richard has broad experience managing patent, copyright, trademark, and trade secrets matters for clients in the computer hardware and software, medical device, chemical, and drug industries. He counsels clients on IP portfolio management and protection strategies, files and prosecutes IP asset applications, and negotiates major IP transactions such as licensing, joint venture, and government research and development agreements. In private litigation, Richard has led trials involving widely varying technologies from injectable cancer drugs and high blood pressure medications to radio transmission systems and microprocessors. He has experience first-chairing cases from the from the trial level through the appellate process, including to the Court of Appeals for the Federal Circuit.

    Prior to entering private practice, Richard was a trial attorney in the U.S. Department of Justice in Washington, D.C., defending the United States and its agencies against patent infringement suits brought by the private sector. Richard successfully represented the Department of Energy, Department of Defense (Army, Navy, and Air Force), National Security Agency, CIA, FBI, and the White House in high-stakes patent infringement suits. He is also member of the U.S. Navy Reserves (lieutenant commander) and holds a top-secret/SCI security clearance.

    Richard has a bachelor’s degree in electrical engineering technology from Bradley University and worked as an electrical engineer in Chicago and New York for several years before going to law school. He graduated cum laude from Southern Illinois University School of Law and earned his LL.M.in intellectual property law from The John Marshall Law School with honors. He also sits on the firm's Board of Directors.

    Represented Lockheed Martin Corp. in opposing an effort by Zoltek Corp. to substitute it as a defendant in a patent-infringement action Zoltek had originally brought against the United States stemming from the U.S.'s alleged use of Zoltek's patent in the manufacture of the F-22 fighter plane. Obtained a decision from the U.S. Court of Appeal for the Federal Circuit allowing it to seek an interlocutory appeal of a Court of Federal Claim's decision that Lockheed was not protected by government-contractor immunity pursuant to 28 U.S.C. §1498. Subsequent en banc Federal Circuit reversed trial court ruling thereby dismissing Lockheed Martin as a party.


    Represented our client, Sandoz Inc., in a patent infringement action regarding Sandoz's ANDA to make a generic version of Medicis' acne product SOLODYN® (minocycline hydrochloride).


    Lead counsel for Sandoz Inc., in a patent infringement action regarding Sandoz's ANDA to make a generic version of Endo's pain product OPANA® ER (oxymorphone hydrochloride).


    Represented Apotex Inc., in a patent infringement action regarding Apotex's ANDA to make a generic version of Wyeth's anti-depressant product EFFEXOR XR® (venlafaxine hydrochloride). Settled on favorable terms during trial.


    Represented Apotex Inc., in a patent infringement action regarding Apotex's ANDA to make a generic version of Sanofi-Aventis' anticancer product TAXOTERE®, the active ingredient of which is docetaxel. Following a two-week trial, obtained an order for Apotex striking down the patents-in-issue as invalid as obvious and unenforceable due to Sanofi-Aventis' inequitable conduct in procuring the patents. Successfully argued on appeal with the Federal Circuit affirming trial court decision (April 2012). Of import is that inequitable conduct defense remains viable in ANDA litigations because of this ruling.


    Represented our client, Sandoz Inc., in a patent infringement action regarding Sandoz's ANDA to make a generic version of Allergan's glaucoma drops COMBIGAN® (brimonidine tartrate/timolol maleate.)


    Represented our client, Sandoz Inc., in a patent infringement action regarding Sandoz's ANDA to make a generic version of Alcon's eye allergy product PANTANOL® (olopatadine hydrochloride).


    Represented Sandoz Inc., in a patent infringement action regarding Sandoz's ANDA to make a generic version of Merck's anti-nausea product EMEND® (aprepitant).


    Designed and implemented the litigation strategy as lead counsel for defendant, a Taiwanese semiconductor manufacturer, in a patent infringement case involving DC/AC power inverters for LCD panels in portable electronic devices. The defense resulted in a judgment as a matter of law on the issues of direct and contributory infringement and plaintiff's abandonment of a $120 million-plus damage claim (jury finding of inducement was reversed on appeal).


    Represented Chimei InnoLux Corporation, f/k/a InnoLux Display Corporation, in a patent infringement case involving brightness-enhancing films used in LCD devices. Plaintiff dismissed its case against our client, with prejudice, after the special master indicated he would recommend granting defendant's motion for summary judgment.


    Represented our client in a patent infringement action regarding Actavis' ANDA to make a generic version of King's pain product AVINZA®, the active ingredient of which is morphine sulfate.


    Represented our client, Mylan Pharmaceuticals, Inc., in a patent infringement action regarding Mylan's ANDA to make a generic version of Pfizer's cardiovascular product CADUET®, the active ingredients of which are atorvastatin calcium and amlodipine besylate. Settled prior to trial.


    Represented Apotex Inc., in a patent infringement action regarding Apotex's ANDA to make a generic version of Procter's osteoporosis product ACTONEL® (risedronate).


    Represented our client, Sandoz Inc., in a patent infringement action regarding Sandoz's ANDA to make a generic version of Abbott’s ZEMPLAR® (paricalcitol).


    Represented Apotex Inc., in a patent infringement action regarding Apotex’s ANDA to make a generic version of LYSTEDA (tranexamic acid). Matter pending.


    Represented Apotex Inc., in a patent infringement action regarding Apotex’s ANDA to make a generic version of ACULAR LS® (0.4% ketorolac tromethamine). Matter pending.


    Represented Apotex Inc., in a patent infringement action regarding Apotex’s ANDA to make a generic version of PRISTIQ® (desvenlafaxine). Matter pending.


    Represented Sandoz Inc., in a patent infringement action regarding Sandoz's ANDA to make a generic version of Shire’s ADHD product INTUNIV® (guanfacine hydrochloride). Matter pending.


    Represented Sandoz Inc., in a patent infringement action regarding Sandoz’s ANDA to make a generic version of Roche’s VALCYTE® (valganciclovir hydrochloride). Matter pending.


    Represented our client, Sandoz Inc., in patent infringement action regarding Sandoz’s ANDA to make a generic version of Helsinn’s anti-nausea product ALOXI® (palonosetron hydrochloride injection). Matter pending.


    Represented our client in a patent infringement action regarding InnoPharma’s ANDA to make a generic version of Spectrum’s FUSILEV® (levoleucovorin). Matter pending.


    Represented our client, Sandoz Inc., in a patent infringement action regarding Sandoz’s ANDA to make a generic version of Abbott’s cholesterol medication TRILIPIX® (fenofibric acid). Matter pending.


    Represented our client, Sandoz Inc., in a patent infringement action regarding Sandoz’s ANDA to make a generic version of Abbott’s cholesterol product NIASPAN® (niacin). Matter pending.


    Represented our client, Sandoz Inc., in a patent infringement action regarding Sandoz's ANDA to make a generic version of Alcon's eye allergy product PATANOL® (olopatadine hydrochloride).


    Represented client CardSoft in patent infringement action against multiple defendants who manufactured and sold infringing electronic point-of-sale ("ePOS") terminals using “swipe-technology.” Successfully secured patent damages for client in excess of $15 million for CardSoft in jury trial against VeriFone Systems, Inc. and VeriFone, Inc. (VeriFone) and Hypercom Corp. (Hypercom).


    Represented our client in a patent infringement action regarding Apotex’s ANDA to make a generic version of AVODART® (dutasteride). Matter pending.


    Additional Practices

    News


    Cozen O’Connor Continues Growth of IP Litigation Practice with Seven Partners, Two Associates from Duane Morris

    April 16, 2012

    Cozen O’Connor Continues Growth of IP Litigation Practice with Seven Partners, Two Associates from Duane Morris

    MORE

    Publications


    IP: Obamacare’s Constitutional Impact on Patents [InsideCounsel]

    April 30, 2013

    A variety of patent issues arise from the act’s Biologics Price Competition and Innovation Act.

    MORE


    IP: Supreme Court Holds That the “First Sale” Doctrine Applies to Copies of a Copyrighted Work Lawfully Made Abroad [InsideCounsel]

    April 16, 2013

    On March 19, in Kirtsaeng v. John Wiley & Sons, Inc., the Supreme Court, reversing the 2nd Circuit, resolving conflicting decisions from the federal appellate courts, and rejecting the solicitor general’s arguments, held that the “first sale” doctrine applies to lawful copies of a copyrighted work first sold abroad.

    MORE


    IP: Compound Patents Take a Hit in Delaware District Court [Inside Counsel]

    March 19, 2013

    A recent decision from the Delaware District Court held that the composition of matter patent for the drug Baraclude was invalid as obvious. This opinion has drawn immediate attention because it is the first time that a lead compound obviousness challenge has succeeded in a district court since KSR v. Teleflex issued. What this means for inside counsel depends on which side of the aisle you are on, but regardless this decision may provide the beachhead for obviousness attacks where none existed before.

    MORE


    IP: Protecting your brands against online counterfeit sellers [Inside Counsel]

    March 05, 2013

    Brand owners should use a multi-pronged strategy to combat knock-off goods. Although counterfeiting is often perceived as a victimless crime, it has significant economic and reputational costs for brand owners. In 2012, U.S. Customs and Border Protection seized counterfeit goods worth $1.26 billion and shut down 697 websites involved in trafficking counterfeit goods.

    MORE


    IP: 5 practice tips from the recent Rambus rulings [Inside Counsel]

    February 19, 2013

    Four recent decisions shine some light on document retention policies. Case law has not been particularly precise as to when inside counsel should advise clients to begin the tedious—and costly—task of preserving documents for patent litigation. However, the twin 2011 rulings by the Federal Circuit (Micron II and Hynix II) followed by their respective 2013 remand decisions provide a solid primer. Together, these four decisions highlight a proper path for document preservation and the fatal consequences of failing to comply.Inside counsel should take note because document retention (and its converse cousin, spoliation) can negatively impact the enforceability of a company’s intellectual property while establishing a core defense for the accused infringers. This article examines the recent Rambus rulings, particularly the sanctions meted out for document retention violations and spoliation.

    MORE


    Generics Versus Brands: New Fronts on a Shifting Battleground [BNA's Pharmaceutical Law & Industry Report]

    June 03, 2011

    MORE


    Interview with Intellectual Property Attorney Richard Ruzich [Lawyer Monthly]

    February 01, 2011

    MORE


    FDA Labeling Requirements and Intent to Induce Patent Infringement [FDLI Update]

    March 01, 2010

    MORE


    Smart Pill: So, Post-MMA, Who Gets First Slice? [IP Law & Business]

    August 01, 2009

    MORE


    Qualcomm Court Sets Baseline for Electronic Discovery Programs for In-House and Retained Counsel [Cyberspace Lawyer]

    May 01, 2008

    MORE


    Seals of Approval: 'Green' certification marks raise new liability issues [lnside Counsel]

    April 01, 2008

    MORE


    Closing the Willful Infringement Floodgates: The Effects of In re Seagate Both Inside and Outside the Generic Pharmaceutical Litigation Arena [De Paul Journal of Art, Technology & Intellectual Property Law]

    April 01, 2008

    MORE


    New Rules in the N.D. of California Seek to Accomplish More Efficient Patent Trials, With the Help of KSR [Duane Morris Alert]

    March 10, 2008

    MORE


    Qualcomm Sets The Baseline For E-Discovery [IP Law360]

    January 29, 2008

    MORE


    Qualcomm Court Sets Baseline for Electronic Discovery Programs for In-House and Retained Counsel [Duane Morris Alert]

    January 16, 2008

    MORE


    Open Source's New Weapon: KSR v. Teleftex Ruling [IP Law 360]

    May 29, 2007

    MORE


    Government Patent and Copyright Infringement Overseas Under 28 U.S.C. 1498 (in the shadow of the RIM Decisions) [Fed. Cir. Bar. J.]

    April 01, 2006

    MORE

    Events & Seminars

    2013 BIO International Convention Chicago, IL 04/22/2013
    8th Annual Corporate Intellectual Property Law Conference Chicago, IL 02/13/2013
    4th Life Sciences Congress on Paragraph IV Disputes Washington, D.C. 10/25/2012
    Through the Looking Glass – Fine-tune Fundamentals of Hatch-Waxman and Anticipate Future Developments in Patent Litigation Washington, DC 10/25/2012
    Prior Art Obviousness and Obvious-Type Double Patenting: Legal Analysis and Practical Applications for Brand Names and Generics New York, NY 04/24/2012
    New Orange Book Strategies and Controversies -- Carve-Outs, Skinny Labeling and Use Codes: Understanding Their Role in Orange Book Listing Strategies and Life Cycle Management New York, NY 10/04/2011
    Invalid or Will Not Be Infringed: Re-Assessing the ANDA Applicant's Pre-Litigation Considerations and Obligations Under Paragraph IV vis-a-vis Microsoft v. i4i New York, NY 05/03/2011
    A Closer Look at Generic v. Generic Law Suits New York, NY 04/27/2010
    Implications of Recent Developments and Trends in Litigating Paragraph IV Disputes Philadelphia, PA 10/16/2008
    Compliance with United States Export Controls Chicago, IL 07/12/2008
    E-Discovery Ramifications of the Qualcomm Case 03/18/2008
    An Update on Key Intellectual Property Issues (ANDA) New York, NY 11/13/2006

    Practice Areas

    Intellectual Property

    Biologics/Biosimilars

    Hatch-Waxman Litigation

    Intellectual Property Litigation

    Education

    • Southern Illinois University School of Law, J.D., 1996
    • The John Marshall Law School, LL.M., 2002
    • Bradley University, B.S. EET, 1991

    Bar Admissions

    • Illinois
    • Indiana
    • Colorado
    • United States Patent and Trademark Office

    Court Admissions

    • U.S. Supreme Court
    • U.S. Court of Appeals for the Federal Circuit
    • U.S. District Court -- Northern District of Illinois
    • U.S. District Court -- Northern District of Indiana
    • U.S. District Court -- Colorado
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