Rory J. Radding is an IP strategist with 45 years experience. He is also an accomplished first chair trial lawyer. He has litigated diverse patent, trademark, copyright, and trade secret cases, acting for both plaintiffs and defendants, involving a wide variey of technologies and products including LED lighting and lighting systems, plastic manufacture, electrochemical devices, ring laser gyroscopes, avionics, medical devices, communications, pharmaceuticals, computer controllers, food equipment, data compression, impact sensors, bicycles, candy, wine, jewelry, personal consumer products, skin and beauty care products, television commercials, and vehicle tires; to name a few. As a registered patent attorney, he has prosecuted patents covering chemical, biotech, and computer-related inventions in diverse industries.
Rory has served as lead trial counsel before several federal trial courts including the district courts for New York, California, Connecticut, Colorado, Delaware, Illinois, Massachusetts, Ohio, and Pennsylvania. He has served as lead appellate counsel before the U.S. Courts of Appeals (for the Second, Eighth, Ninth, Tenth, and Federal Circuits) and the United States Supreme Court. He also has extensive experience representing clients before the United States International Trade Commission (ITC), and has litigated before the ITC in the fields of chemical catalysis, video games, electric switches, chemiluminescence, tractors, bar code readers, blu-ray players, artificial eyelashes and vehicle tires.
Rory also advises large, mid size, small and start-up clients as well as non-profit associations an ond organizations on global intellectual property strategies, including prosecution, licensing, and enforcement strategies involving patents, trademarks, copyrights, and trade secrets. He also has extensive experience advising clients on cross-border transactional matters, including mergers and acquisitions, the establishment of joint ventures, international and domestic technology transfer, including licensing, as well as collaborative research agreements and equity financing.
Prior to joining MKW, Rory was Co-Chair of Locke Lord’s ITC Practice Group and Co-Chair of its Trademark, Copyright and Advertising Practice Group. Before joining Locke Lord, Rory was head of the Intellectual Property practice in New York for Morrison & Foerster. Prior to that, he was a senior partner at the storied IP boutique, Pennie & Edmonds, where he practiced for 30 years.
Before the start of his legal career, Rory was a pharmaceutical chemist at Wellcome Research Laboratory (now Glaxo Smith Kline) , and an environmental chemist at Union Carbide Corporation (now Dow Chemical).
Some of Rory’s representative matters include:
Patent Litigation
- Tried and obtained a general exclusion order on behalf of Kubota Corporation and a $2.3 million fine in a case of first impression before the ITC involving parallel imports of used Japanese tractors
- Lead trial counsel for defendant in Marchese d/b/a JDS Digital Security Systems, LLC v. Milestone Systems Inc. concerning patents related to video surveillance systems
- Lead trial counsel for defendant in TQP Development, LLC v. Onkyo U.S.A. Corporation involving patents related to encryption technology
- Lead trial counsel for defendant in Philips Solid-State Lighting Solutions, Inc. v. Lighting Science Group Corp., LED Holdings, LLC, and LED Effects, Inc. involving LED lighting patents and technology
- Lead trial counsel for Intermec Technologies Corporation against Symbol Technologies in the ITC involving hand-held bar code scanners
- Lead trial counsel for defendant On-Net Surveillance Systems, Inc. in Joao Control & Monitoring Systems, LLC v. ACTI Corporation Inc., et al. involving remote monitoring and control of vehicles and security systems
- Lead trial counsel for respondents South China Tire and Rubber Co., Ltd. and Guangzhou South China Tire and Rubber Co., Ltd. In the Matter of Certain Tires and Products Containing Same before the United States International Trade Commission
- Lead trial counsel for respondents Orion America, Inc. and Orion Electric Co., Ltd. In the Matter of Certain Blu-Ray Disc Players, Components Thereof and Products Containing Same before the United States International Trade Commission
- Lead trial counsel for Onkyo USA Corporation in In the Matter of Certain Handheld Electronic Computing Devices, Related Software and Components Thereof before the United States International Trade Commission
- Lead trial counsel in Kirin Brewery Limited, Inc. v. Merix Bioscience, Inc. involving cell therapy technology
- Counsel for Nycomed (now Takeda) involving respiratory disease technology
- Appellate counsel before the Federal Circuit in the $1.2 billion jury case, Litton Systems, Inc. v. Honeywell, Inc.
- Appellate counsel before the Federal Circuit for the $70 million jury patent case in Celeritas Technologies Inc. v. Rockwell International Corporation
- Lead trial counsel in Kirin Brewery Limited, Inc. v. Geron Corporation involving cell therapy technology
- Lead trial counsel for plaintiff ICU Medical, Inc. v. Rymed Technologies, Inc. concerning infringement of patents for needleless IV connectors
- Co-counsel for Respondent Alicia Zeng; and Artemis Family Beginnings, Inc. d/b/a Lilac St. In the Matter of Certain Artificial Eyelash Extension Systems, Products, and Components Thereof before the United States International Trade Commission
Trademark/Copyright/Trade Secret Litigation
- Lead trial counsel for plaintiffs in Beauty Barrage LLC et al v. Dermaceuticals Inc. et al involving trade secret misappropriation, breach of partnership agreement and breach of fiduciary duty involving consumer products in the personal and skin care industry
- Lead counsel for plaintiff in Ritani, LLC v. Harout Aghjayan, et al. involving trademark, copyright infringement, unfair competition, misappropriation of trade secrets and breach of fiduciary duty and covenants not to compete in the engagement ring jewelry industry
- Lead counsel for plaintiff Buccellati, Inc., et al. v. Laura Buccellati, et al. concerning unfair competition and infringement of mark “Buccellati” for fashion accessories
- Lead counsel for plaintiff in Victorinox Swiss Army, Inc., et al. v. B&F Systems concerning unfair competition, infringement and counterfeit of trademark on the Swiss Army red-handled knife
- Lead counsel for plaintiff in Victorinox Swiss Army, Inc., et al. v. First SBF Holding, Inc., et al. concerning infringement of the Swiss Army trademarks and designs for watches
- Lead trial counsel in Carol’s Daughter Holdings, LLC v. Carol’s Express LLC, CVS Pharmacy, Inc., Turns and Trends, Inc., and Donyale Jermaine Bush involving infringement of trademarks and trade dress of beauty care products
- Appellate counsel for plaintiff in Erchonia Corp. v. Meridian Medical, Inc., et al. concerning trademark infringement involving lipo laser medical devices
Commercial Litigation
- Lead trial counsel in Lighting Science Group Corporation, LED Holdings, LLC and LED Effects, Inc. v. Koninklijke Philips Electronics N.V., Philips Electronics North America Corporation and Philips Solid-State Lighting Solutions, Inc. as successor to Color Kinetics for unfair competition involving LED lighting systems.
IP Advising and Transactional Matters
- Developed global intellectual property strategies, including prosecution, licensing, and enforcement strategies involving patents, trademarks, copyrights, and trade secrets including a complete global strategy for several telecommunications and Internet-related companies, and a consortium of worldwide banks concerning security for e-commerce
- Negotiated several multimillion-dollar alliances between a large pharmaceutical company and small start-up biotechnology discovery companies.
- Represented Kirin Brewery in negotiating a global collaboration with Merix Bioscience on the research, development and commercialization of cell therapy technology
- Represented Kirin Brewery in its multi-million dollar acquisition of Hematech which researches, develops and produces human polyclonal antibodies in cloned cows
- Developed strategies for use of cannabis products in the food and cosmetic industry.
Education
- Hamilton College (B.A., 1971)
- Albany Law School (J.D., 1975)
Bar Memberships
- Admitted in New York
- S. Patent and Trademark Office
Rankings
- The Best Lawyers in America – Litigation – Intellectual Property, Litigation – Patent, and Patent Law (2016-2021)
- Who’s Who Legal: Thought Leaders – Data (2019 -2021)
- New York Metro Super Lawyers (2003-2021)
- “BTI Client Service All-Star MVP” by BTI Consulting Group (2017-2018)
- Who’s Who Legal: Telecommunications, Media and Technology (2016)
- BTI Client Services All Star for IP – Recognized by corporate counsel for “exemplifying the best in firm client service, legal creativity, quick responses, and business savvy.” (2015)
- “Most Innovative IP Specialist – USA” by AI Legal
- The International Who’s Who of Business Lawyers
- The International Who’s Who of Information Technology Lawyers
- Who’s Who Legal: Technology Media & Telecommunications Lawyers
- Who’s Who Legal: Data – Information Technology, Data Privacy and Protection and Data Security Lawyers
- Marquis Who’s Who – recognized for excellence in law
Professional Activities
- Chair of the Dispute Resolution Committee of the Federal Circuit Bar Association, 2018-present
- Member, New York State Bar Association (Task Force on Emerging Digital Finance and Currency, 2022 – present; Task Force on Global Warming, 2010-present; Chair, Greentech and IP Committee (2009 – 2019) and Ethics Committee (2009 – present) of IP Law Section; Task Force on Electronic Communications, 2006-2019; Chair, Internet Committee of IP Law Section, 1998-2009; House of Delegates, 1992-1996 and 2013-present; Founding Chair, IP Law Section, 1992-1994; Chair, IP Law Committee (1991 – 1998) and Art Law (2021 to present) of International Law & Practice Section)
- Member, Inter-Pacific Bar Association (Chair, IP Committee, 1993-1995; Program Coordinator, 2000-2003; Chair, Technology, Media, Telecommunications Committee, 2014-2017)
- Member, Licensing Executives Society (Chair, Japan Committee, 1991-1995)
- Member, Association of the Bar of the City of New York (International Trade Committee, 1991-1994)
- Member, American Bar Association (Professional Responsibility Committee of Litigation Section)
- Member, International Trade Commission Trial Lawyers Association
- Member, International Trademark Association
- Member, New York Intellectual Property Law Association (Board Member, 2000-2003)
- Member, International Technology Law Association (Board Member, 2010-2018; Co-Chair, Arbitration & Mediation Committee, 2013-2018; Co-Chair, IP Committee, 2008-2011; Member, Artificial Intelligence Task Force, 2018-present; Member Artificial Intelligence Committee 2020 – present)
- The Association of Media & Entertainment Counsel (Board Member, 2012)
- Member, Federal Circuit Bar Association (Chair, Dispute Resolution Committee)
- Master, the Hon. William C. Connor Inn of Court
- Fellow, the New York Bar Foundation
- Fellow, of the American Bar Foundation
- Certified Licensing Executive
- Member, American Chemical Society
- Member, Asia Society
- Member, Japan Society
- Member, Korea Society
- Member, International House of Japan
- Advisory Board, National Knowledge & Intellectual Property Management Taskforce
- Board of Trustees, African Agricultural Technology Foundation
- Board of Trustees, Albany Law School
- Named to Who’s Who Legal: Data (2018-2019)
- Named, Most Innovative IP Specialist – USA by AI Global Media Ltd. (2015)
- Recipient, 2015 Legal Award from Acquisition International
- Recipient, 2015 M&A Award from Corporate America
Select Publications & Speaking Arrangements
- Panelist, “Intersection of Art and Intellectual Property,” Issues and Recent Developments in Art Law Series II, Part I, October 22, 2019 (jointly with Christies)
- Webinar, “Obtaining Exclusion Orders from the U.S. International Trade Commission” presented for the International Trade Administration of the U.S. Commerce Department, April 7, 2020.
- Panelist, Practicing Law Institute, “Think Like a Lawyer, Talk Like a Geek: Get Fluent in Technology, Responsible Artificial Intelligence,” October 7, 2019
- Co-Author, “Locke Lord QuickStudy: FDA Warning Letter Confirms Ban on Drug Claims for CBD Containing Products,” Locke Lord LLP, July 24, 2019
- Keynote Speaker, “Global IP Strategies for Innovation Cycles,” 17th China Straits International Global Innovation Summit, Fuzhou, China, June 18, 2019
- Co-Author, “Locke Lord QuickStudy: FDA and the Regulation of Cannabis: Highlights of FDA’s Public Meeting of May 31, 2019,” Locke Lord LLP, June 5, 2019
- Co-Author, “AI and Intellectual Property,” Responsible AI: A Global Policy Framework, First Edition, International Technology Law Association, May 2019
- Speaker, “Emerging Trends in Intellectual Property and Ethical Considerations for Lawyers,” Artificial Intelligence panel at the NYSBA Intellectual Property Section’s Spring 2019 Program, April 5, 2019
- Speaker, “Assessing the Risks of using CBD and Hemp Oil in Cosmetics and Personal Care Products In Light of the Passage of the Farm Bill,” 6th Annual Regulatory and Compliance Forum on Cosmetics and Personal Care Products, March 28, 2019
- Co-Author, “Locke Lord QuickStudy: The 2018 Farm Bill, Cannabis and the FDA: Clarification or Continued Regulatory Uncertainty?” Locke Lord LLP, March 22, 2019
- Co-Author, “Locke Lord QuickStudy: Register Before You Sue: SCOTUS Affirms Registration by Copyright Office as a Prerequisite to Infringement Litigation,” Locke Lord LLP, March 5, 2019
- Speaker, “Piracy,” 40th ANA/BAA Marketing Law Conference, Chicago, November 8, 2018
- Moderator, “Intellectual Property Issues,” Issues and Recent Developments in Art Law, Part 3, June 5, 2018 (jointly with Christies)
- Speaker, “Diversion – Now What Can We Do and Can We Prevent It In The Future?,” Independent Cosmetic Manufacturers and Distributors’ (ICMAD) Cosmetic Technical/Regulatory Forum 2018, February 13, 2018
- Co-Author, “Locke Lord QuickStudy: Opening Trademarks to New Possibilities — Federal Circuit Affords Immoral or Scandalous Trademarks First Amendment Protection,” December 21, 2017
- Speaker, “Strategies for Adapting to the Defend Trade Secrets Act (DTSA) – Impact on Business and Litigation Strategies,” Locke Lord Webinar, January 25, 2017
- Contributor, Privacy and Cybersecurity Risks: A 2016 Locke Lord Desk Reference, November 2016, “Privacy and Cybersecurity Risks: A 2016 Locke Lord Desk Reference, 7th Edition Released,” November 2016
- Co-Author, “Locke Lord QuickStudy: Supreme Court Keeps Spider-Man Maintaining The Status Quo – Royalties End When The Patent Expires,” Locke Lord LLP, June 24, 2015
- Co-Author, “E-Discovery and the Cloud,” Today’s General Counsel, December/January 2015
- Co-Author, “Edwards Wildman Client Advisory – Supreme Court Reconciles Federal Circuit Diverse Views on Patent Eligibility of Computer Implemented Inventions,” June 2014
- Presenter, “Analysis of a Technology License Agreement,” Practicing Law Institute Advanced Licensing Agreements, 2012
- Author, “Protecting Trademarks Against the Counterfeiting Threat,” World Trademark Review, Issue 36, April/May 2012
- Author, “Managing Risk in the Regulatory Environment,” World Trademark Review, Issue 34, December 1, 2011
- Presenter, “Drafting Dispute Resolution Clauses in R&D Agreements,” Inter-Pacific Bar Association 21st Annual Meeting & Conference, 2011
- Presenter, “Analysis of a Technology License Agreement,” Practicing Law Institute Advanced Licensing Agreements, 2011
