Richard M. Klein | Lippes Mathias LLP

Bio

Mr. Klein is highly experienced in assisting clients with patent preparation and prosecution in chemical, mechanical, nuclear and biotechnology-related fields. Specifically, his practice is focused in scientific areas including material science; chemistry; polymer science; chemical engineering; nuclear science, biochemistry; biomedical engineering; and pharmacology. Richard’s practice also includes particular emphasis in litigation/licensing concerning patent, trademark, copyright, trade secret and other intellectual property-oriented disputes and client management of intellectual property matters.

Richard served as expert witness in the field of patent law for the Internal Revenue Service and the U.S. Department of Treasury since 2004. He served as expert patent, trademark, and copyright witness in several matters in 2003, 2006-2008, 2010, 2012 – 2013, and 2014.

He frequently speaks and lectures on subjects of patent, trademark, copyright and trade secret law.

Richard has prepared and/or prosecuted over 500 patent applications concerning chemical/biotech/ mechanical matters and has handled several hundred trademark and copyright applications. He has also been handled several high-profile cases concerning patent, trademark or copyright issues

Articles & Publications

“State Trademark and Unfair Competition Law,” International Trademark Association, Ohio Section in annual updates (Clark Boardman), January 1993
“Establishing Infringement under the Doctrine of Equivalents after Malta,” Journal of Patent and Trademark Office Society, vol. 75, no. 1, PP 5-19, January 1993
“Helpful Insights to the New Standards Required for the Patent Applications Containing Nucleotide and/or Amino Acid Sequence Data,” Journal of the Patent and Trademark Office Society, vol. 73, no. 1, pp. 29¬36, January, 1991
“Rule Changes Concerning DNA or Amino Acid Sequence Data,” The Journal of Proprietary Rights, vol. 2, no. 10, pp. 19-20, October, 1990
“A Recent Revision to the General Venue Statute Greatly Expands Plaintiffs’ Venue Choices,” Journal of the Patent and Trademark Society, vol. 71, no. 11, pp. 886-888, November 1989
“Changes in the Federal Venue Statute Expands Venue Choices for Trademark Infringement or Unfair Competition,” The Journal of Proprietary Rights, vol. 1, no. 9, pp. 25-26, September 1989

ADMITTED TO PRACTICE

Ohio
U.S. Court of Appeals for the Sixth Circuit
U.S. Patent and Trademark Office
U.S. Supreme Court
U.S. District Court, Northern District of Ohio

Education

Case Western Reserve University, J.D., 1985
The Ohio State University, M.B.A., Finance, 1982
The Ohio State University, B.S., Biochemistry-Microbiology, 1980

Professional Association

Ohio State Bar Association for Legal Professionals (OSBA)
Admitted to practice in courts of the U.S. District Court for the Northern District of Ohio
U.S. Court of Appeals for the Federal Circuit
U.S. Court of Appeals for the Sixth Circuit and the U.S. Supreme Court
Registered to practice before the U.S. Patent and Trademark Office

Honors & Awards

Ohio Super Lawyers, Intellectual Property 2006-2010
Super Lawyers Business Edition, Intellectual Property, 2011
Ranked, Chambers USA, Intellectual Property, 2007-2010
o Recommended IP attorney in Ohio, 2018

Community Involvement

Cleveland Intellectual Property Law Association, Director, 2005; Vice President, 2006-2007
American Inns of Court, The Thomas Lambros AIC, Associate, 1996-1997 and the Charles F. Scanlon AIC, Bencher, 2006-2014
Cleveland Bar Association
American Intellectual Property Law Association
International Trademark Association
Federal Circuit Bar Association
Ohio State Bar Association
American Institute of Chemists
American Chemical Society

Reported Decisions

MPT, Inc. v. Marathon Labels, Inc., 505 F.Supp. 2d 401 (N.D. Ohio 2007)
Antonious v. Spalding & Evenflo Cos., Inc., 281 F.3d 1258, 62 USPQ2d 1060 (Fed. Cir. 2002)
Antonious v. Spalding & Evenflo Cos., Inc., 275 F.3d 1066, 61 USPQ2d 1245 (Fed. Cir. 2002)
Microsoft Corp. v. Action Software, 136 F.Supp. 2d 735; 58 USPQ2d 1305 (N.D. Ohio 2001)
Antonious v. Spalding & Evenflo Companies, Inc., 44 F.Supp. 2d 732 (D.Md. 1998), 217 F.3d 849, 1999 U.S. App. LEXIS 22984 (Fed. Cir. 1999)
Dolly, Inc. v. Spalding & Evenflo Cos., 16 F.3d 394, 29 USPQ2d 1767 (Fed. Cir. 1994)
Darling v. Spalding & Evenflo Cos., Inc., 30 USPQ2d 1047 (N.D. Ind. 1993), aff’d, 26 F.3d 140 (Fed. Cir. 1994)
R.E.F. Golf Co. v. Roberts Metals, Inc., 24 USPQ2d 1070 (M.D. Fla. 1992)
Dolly, Inc. v. Spalding & Evenflo Cos., 954 F.2d 734, 23 USPQ2d 1555 (Fed. Cir. 1992)
Spalding & Evenflo Companies v. Graco Metal Products Inc., 19 USPQ2d 1479 (N.D. Ohio 1991)
Spalding & Evenflo Cos., Inc. v. Graco, 18 USPQ2d 2029 (N.D. Ohio 1991)