Richard (Dick) D. Kelly is Chair of the Pharmaceutical/Medical Devices practice group and a member of the Litigation and ITC Litigation practice groups. He represents both domestic and foreign companies in a full range of complex patent and trade secret disputes before the federal district courts, in § 337 proceedings before the International Trade Commission (ITC), and in appeals to the U.S. Court of Appeals for the Federal Circuit. Mr. Kelly has particular expertise in the impact of U.S. Food and Drug Administration (FDA) regulations on intellectual property rights.
With a long track record of successfully litigating a range of high-profile cases, Mr. Kelly is highly regarded for his vast courtroom experience. He litigates matters involving such diverse products as pharmaceutical drugs, software, semiconductor processing devices, and plastics. In addition, he offers opinions on validity, enforceability, licensing, inventorship, and right-to-use matters. Mr. Kelly advises clients on the relationship between FDA exclusivity for new drugs and patent exclusivities, all aspects of pharmaceutical lifecycle management, and litigation regarding abbreviated new drug applications (ANDA).
Clients hire Mr. Kelly not only for his litigation expertise, but also for his in-depth understanding of the patent prosecution process, including interferences. Mr. Kelly began his career more than three decades ago as a Patent Examiner at the United States Patent and Trademark Office (USPTO) and practiced in Oblon, Spivak’s Electrical and Mechanical Patent Prosecution groups prior to transitioning to litigation. His experience at the USPTO exposed him first-hand to the Examiners’ process when reviewing applications and deciding interference motions.
Mr. Kelly regularly visits his clients – many of whom he has worked with steadily since the 1980s – providing them with updates on the law as well as business trends and developments impacting their industries. In addition, he actively contributes to the firm’s legal blog devoted exclusively to Section 337 investigations before the ITC. The ITC 337 Law Blog is the leading blog of its kind and provides insights about the ITC’s daily activities and significant decisions.