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Education

  1. Brooklyn Law School, Juris Doctor (1980)
  2. Sarah Lawrence College, Bachelor of Arts (1977)

Admissions

  1. Admitted to practice in New York
  2. U.S. Supreme Court
  3. U.S. Court of Appeals, Second Circuit
  4. U.S. Court of Appeals, Fourth Circuit
  5. U.S. Court of Appeals, Sixth Circuit
  6. U.S. Court of Appeals, Ninth Circuit
  7. U.S. Court of Appeals, Federal Circuit
  8. U.S. District Court, Southern District of New York
  9. U.S. District Court, Eastern District of New York
  10. U.S. District Court, Northern District of New York
  11. U.S. District Court, Western District of New York
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Richard S. Taffet

Partner

Richard Taffet is a senior member of Bingham’s Litigation Area. Richard serves as lead counsel in a wide range of intellectual property, commercial litigation and antitrust matters, including international competition law. He represents both U.S. and foreign-based clients involved in numerous industries such as consumer electronics, telecommunications, pharmaceuticals, textiles, chemicals, software development, financial industries and publishing. Richard counsels clients in connection with protecting their intellectual property assets and the marketing and distribution of their products, and also represents clients before federal agencies, including the Department of Justice, the Federal Trade Commission, the United States Trade Representatives Office and the Consumer Products Safety Commission.

Representing technology standards development organizations and standards development participants for more than 25 years, Richard has developed SDO patent and IPR policies, represented parties in connection with government and litigation proceedings involving standards-related patent and antitrust matters, and provided counseling regarding competitive and IPR issues in development of specific standards. Richard has formed and represented industry trade associations with the purpose of enforcing copyright and other IP rights worldwide and has developed international litigation strategy for enforcement of copyright and other IP rights.

Richard is a frequent speaker on intellectual property and antitrust issues and is a contributor to publications on these subjects. Noted in Chambers USA for his work at the intersection of IP and antitrust matters, clients value Richard’s “excellent strategic views and his ability to always think one step ahead.”

Experience

Intellectual Property
  • Sunbeam Products, Inc. v. Hamilton Beach Brands, Inc. et al. (Eastern District of Virginia) — Represented Sunbeam Products, Inc. (d/b/a Jarden Consumer Solutions) as plaintiff in a patent infringement case filed against Homeland Housewares, LLC et al. involving blender patents
  • Sharp Corporation vs. Dell Inc. (District of New Jersey) — Representing Sharp in trademark infringement action against Dell Computer regarding Dell’s use of the designation “UltraSharp;” Dell used the designation on products that are in direct competition with Sharp, such as monitors, and sells them on its website, where it also sells Sharp flat-panel televisions
  • L&L Wings, Inc. v. Marco-Destin, Inc., et al. (Southern District of New York) — Obtained summary judgment for plaintiff on trademark infringement claims involving marks and trade dress used in retail sales
  • Audio MPEG et al. v. SanDisk Corporation (Eastern District of Virginia) — Defended SanDisk in connection with patent infringement claims by the Audio MPEG patent pool and in asserting antitrust counterclaims challenging the pool
  • SanDisk Corporation v. Lucent Technologies Inc. and Alcatel-Lucent, S.A. (Northern District of California) — Representing SanDisk as declaratory judgment plaintiff in connection with encoding-technology patents
  • GIV v. IBM et al. (Eastern District of Virginia) — Representing Lenovo in a patent infringement case involving keyboard cursor control sticks
  • International Automated Systems v. IBM et al. (District of Utah) — Representing Lenovo in a patent infringement case involving fingerprint identification systems
Antitrust
  • TruePosition v. Ericsson et al (Eastern District of Pennsylvania) — Representing the European Telecommunications Standards Institute in connection with claims alleging abuse of the standards development process
  • PNY v. SanDisk (Northern District of California) — Representing SanDisk in connection with claims directed to certain licensing conduct
  • Oliver v. Panasonic et al. (Northern District of California) — Representing SanDisk Corporation in putative class action asserting claims relating to licensing and standards development by consortium directed to development of flash technologies and products
  • In re TFT-LCD Antitrust Litigation (Northern District of California) — Represents Sharp Corp. and Sharp Electronics Corp. in connection with class action cases pending in the Northern District of California related to alleged price fixing of TFT-LCD panels that are used in TVs, computer monitors, laptops, cellphones and other products
  • In re Flash Memory Antitrust Litigation (Northern District of California) — Representing SanDisk in a class action price-fixing case involving flash memory
  • Broadcom v. QUALCOMM (District of New Jersey) — Representing Qualcomm in monopolization and attempted monopolization case related to wireless technologies
  • MM Global v. Dow Chemical et al. (District of Connecticut) — Represented plaintiff in resale price maintenance action
  • FTC Investigation — Represented subjects of confidential investigations involving standards-setting activities
  • Foreign Competition Law Proceedings — Representing U.S.-based companies in confidential proceedings by the European Commission, Japan Fair Trade Commission and Korean Fair Trade Commission
Commercial
  • Alliance for Telecommunications Industry Solutions v. Hall et al. (District of Maryland) — Secured a successful jury verdict for plaintiff on claims of breach of fiduciary duty, conversion and tortious interference
  • IFAST Ltd. v. Alliance for Telecommunications Industry Solutions (District of Maryland) — Represented defendant in breach of contract and tort action, with action dismissed on the pleadings
  • US JVC v. Outdoor Systems (New York Supreme Court) — Represented plaintiff in successful jury trial on breach of contract claim

Events

  • Innovation Versus Regulation: Enforcing Patent Rights Globally in View of Antitrust/Competition Law 2013, American Intellectual Property Law Association, Spring Meeting, Seattle, Wash. (May 2, 2013)
  • Role of Expert Witnesses in Complex Litigation at Practising Law Institute’s Expert Witness 2012 seminar, New York (June 27, 2012)
  • Europe’s Standardization Strategy: Is It Moving Ahead of the United States?, American Intellectual Property Association’s Annual Conference, Washington, D.C. (Oct. 21, 2011)
  • Is There Hold Up and What Role Do Ex Ante Policies Play?, American National Standards Institute’s Legal Issues Forum, Washington, D.C. (Oct. 13, 2011)
  • Role of Expert Witnesses in Complex Litigation, Practising Law Institute’s Expert Witness 2011 Live Seminar (January 2011)
  • Antitrust Challenges to Licensing Terms: An Attack on IP Rights?, The Center for American and International Law, 48th Annual Conference on Intellectual Property Law, Plano, Texas (Nov. 9, 2010)
  • How IP Triggers Global Antitrust Scrutiny: Lessons Learned From Recent Patent Misuse, American Conference Institute’s International Summit: Global Antitrust Enforcement and Compliance Program, Washington, D.C. (July 21, 2010)
  • Does Antitrust Have a Role in Standard Setting?, 2009 Berkeley Antitrust and Intellectual Property Conference, Berkeley, Calif. (Feb. 5, 2009)
  • Patent Licensing and Standards Setting, Conference on Drafting and Negotiating Patent License Agreements 2008, Boston, Mass. (Nov. 13, 2008)
  • Prohibition of Unfair Methods of Competition, FTC Workshop, Washington, D.C. (Oct. 17, 2008)
  • Negotiating Royalties Before the Standard Is Set, Conference on Standards Bodies and Patent Pools, Alexandria, Va. (Oct. 2–3, 2008)
  • Antitrust and IP, Newport Summit on Antitrust Law and Economics, Newport, R.I. (May 30, 2008)
  • Standard Setting: The Interplay With IP and Competition Laws, International IP Law and Policy Conference at Fordham School of Law, New York, N.Y. (March 28, 2008)
  • Fostering Competition and Innovation in Standards Development Through Strong Intellectual Property Protection, ABA Antitrust Spring Meeting, Washington, D.C. (March 26, 2008)
  • Standards Licensing and (F)RAND, METI Conference, Tokyo, Japan (Dec. 18, 2007)
  • Intellectual Property Rights and Fostering Competition, Japan Competition Law Forum, Tokyo, Japan (Nov. 8, 2007)
  • Standards Licensing and RAND, IPO National Conference, Washington, D.C. (Nov. 5, 2007)
  • Broadcom v. QUALCOMM, LSI Conference on Standard Bodies and Patent Pools, Alexandria, Va. (Oct. 12, 2007)
  • Collective Ex Ante Negotiations: Proceed at Your Own Peril, LSI Conference on Standard Bodies and Patent Pools, Alexandria, Va. (Oct. 11, 2007)
  • Driving Innovation by Standardizing IPR, ANSI Open Forum for Standards Developers, Boston, Mass. (June 20, 2007)
  • Protecting Intellectual Property in India and China, NEXCO Conference, New York, N.Y. (May 23, 2007)
  • VITA Business Review Letter: Putting Things Into Perspective, ABA Antitrust Brown Bag Series, Washington, D.C. (Feb. 28, 2007)
  • Standard Setting Organizations, FRAND and Patent Licensing: The New Business Model Battleground, Tilburg Law and Economic Center Conference, Brussels, Belgium (Jan. 18, 2007)
  • Licensing Proprietary IPR in the Standards Context, Center for American and International Law’s 44th Annual IP Law Conference, Plano, Texas (Nov. 9, 2006)
  • Antitrust Update, ANSI Annual Conference, Washington, D.C. (Oct. 12, 2006)
  • Ex Ante Licensing in Standards Development: Myths and Reality, AIPLA Spring Meeting, Chicago, Ill. (May 4, 2006)
  • Balancing Act: Managing Intellectual Property Rights in Standardization, Standardization: Unifier or Divider? Conference, Vancouver, Canada (Dec. 5–7, 2005)
  • Standards Development — Organization Advancement Act of 2004, ANSI Annual Conference, Washington, D.C. (Oct. 6, 2005)

Publications

Memberships

  • American Bar Association (Section on Antitrust)
  • New York State Bar Association (Sections on Antitrust and Intellectual Property)
  • American Intellectual Property Law Association, Vice-chair, Antitrust Committee

Awards & Honors

  • Chambers USA, leading lawyer in Antitrust Law (New York) (2008–2013); leading lawyer in Intellectual Property Patent Law (New York) (2008–2009)
  • Legal 500, Antitrust (2012)
  • Super Lawyers, New York, Intellectual Property and Antitrust Litigation (2011–2012)
  • Super Lawyers Corporate Edition, top lawyer in Corporate Litigation (Intellectual Property) (2010)

Legal insight. Business instinct. Global intelligence. ™