Richard J. Oparil

Partner

Fax: 202.677.4909
Washington
1775 Pennsylvania Avenue NW
Suite 1000
Washington, District of Columbia 20006

Biography

Richard is a partner in the firm’s Intellectual Property, Litigation, Food and Drug, and Government and Regulatory practices, and a member of the Dietary Supplements industry team.

Richard’s practice focuses on intellectual property litigation, regulatory enforcement, and public policy matters for life sciences clients in dietary supplement, biotechnology, medical device, pharmaceutical, and related industries, ranging in size from the Fortune 500 to startups. Richard has successfully litigated and tried patent, trademark, unfair competition, trade secrets, and copyright cases in U.S. District Courts around the country. Richard also represents clients in unfair competition, false advertising, and trade regulation cases. He has more than 30 years of experience in all phases of litigation, from initial investigation through trial. Richard has also briefed and argued appeals to the U.S. Court of Appeals for the Federal Circuit. He has filed amicus briefs for companies and trade associations at the Federal Circuit and U.S. Supreme Court. Within the scope of his IP practice, he also handles 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 FDA, FTC, DOJ and state Attorneys’ General. In addition, he assists and counsels clients with public policy issues before those agencies and Congress. For example, he has filed citizen petitions with the FDA on behalf of dietary supplement clients and has briefed members of Congress and their staff on patent eligibility and new dietary ingredient issues.

He has served as an 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.”

Experience

  • Representing amino acid dietary supplement patent owner in infringement cases.

  • Represented supplement company in reversing a patent ineligibility decision in Natural Alternatives Int’l, Inc. v. Creative Compounds, LLC, 918 F.3d 1338 (Fed. Cir. 2019).

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

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

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

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

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

  • Represented Enron CEO, a member of the International Olympic Committee, and witnesses in Congressional investigations and hearings.

  • 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.

Credentials

  • Case Western Reserve University School of Law, Juris Doctor,
    magna cum laude
    • Order of the Coif
    • Winner, Ault Moot Court Competition
    • Editor, Case Western Reserve Law Review
  • Syracuse University, Bachelor of Arts
  • District of Columbia
  • State of New York
  • United States Supreme Court
  • United States Court of Appeals, Federal Circuit
  • United States Court of Appeals, District of Columbia Circuit
  • United States Court of Appeals for the Fourth Circuit
  • United States Court of Appeals for the Ninth Circuit
  • United States District Court for the District of Colorado
  • United States District Court for the District of Maryland
  • United States District Court for the Eastern District of Wisconsin
  • United States District Court for Eastern, Northern, and Southern Districts of New York
  • United States District Court for Eastern, Northern, Western, and Southern Districts of Texas

Recognition

  • Washington, DC Super Lawyers, Intellectual Property, 2017-2018

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