Richard Black
Member

Richard Black

Rich Black, a registered patent attorney who has practiced for more than 24 years, has experience with virtually all aspects of U.S. and international patent, trademark and copyright preparation, prosecution, litigation, licensing and counseling. He has extensive experience with USPTO proceedings, including post-grant proceedings and inter partes review, as well as covered business method post-grant review, ex parte and inter partes reexaminations.

Recently, Rich served as lead counsel on behalf of the patentee in ABB Inc. v. ROY-G-BIV Corp., the first ever Inter Partes Review trials to result in confirmation of all challenged claims. The inter partes review involved three patents related to motion control software that ABB sought to invalidate on multiple grounds. The Patent Trial and Appeal Board held that ABB failed to prove any of the challenged claims in any of the patents were unpatentable.

He has represented both companies and investors of all sizes and in diverse fields such as mobile devices, medical devices, robotics, infrared sensors, electronic commerce, software, health care, civil engineering, construction, tunnel-boring machines, drilling technology, alternative energy and telecommunications.

Rich is experienced in using post-grant procedures as a means for correcting latent defects in issued patents to prepare them for superior enforcement. Additionally, he regularly counsels clients on intellectual property issues related to mergers and acquisitions, venture capital and private equity financing, recapitalization and distressed situations and joint ventures and strategic alliances.

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Presentations

Fundamental Changes in U.S. Patent Law: Are you on Board?

Foster Pepper Client Briefing, Seattle, WA, April 2013

BusinessEmerging Companies & Venture CapitalIntellectual Property (Chair)Intellectual Property LitigationLitigation & Dispute ResolutionMedia, Entertainment & GamesPatent Office Litigation (Chair)Sports Teams & FacilitiesYachts, Ships & Submersibles

Contact

Tel: 206.447.6251Fax: 206.749.2062

Recognition

Washington Super Lawyers list, 2008, 2010-2017

Education

J.D., University of Chicago Law School, 1991

B.S. and B.A., University of Washington (with honors), 1988

Bar Admissions

Washington, 1991

U.S. Federal Court

  • Eastern District of Washington, 1992
  • Western District of Washington, 1992

Washington State Superior Court

Washington State Court of Appeals 

Washington State Supreme Court

9th District Court of Appeals

U.S. Patent and Trademark Office

Experience

Foster Pepper PLLC, Member, 2011-Present

Black Lowe & Graham, Member, 1999-2011

Christensen, O’Connor, Johnson & Kindness, PLLC, Associate, 1996-1999

Oles, Morrison & Rinker, Associate, 1991-1996

Baker & McKenzie, Litigation Associate Law Clerk, 1989, 1991

McDermott, Will & Emery, Litigation Associate Law Clerk, 1990

Quoted

Patently Obvious

Seattle Business Magazine, April 2012

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