Rich Giunta chairs the firm's Post-Grant Proceedings Group. He has successfully represented both the patent owner and the petitioner in nearly 90 contested matters before the US Patent Office, including inter partes review (IPR) and covered business method (CBM) review, and inter partes and ex parte reexaminations. Practicing for over 25 years, Rich has represented market leading companies and universities engaged in proceedings with more than one billion dollars at stake and involved in parallel litigations. Rich’s track record is first-rate, and he has prevailed numerous times on issues of first impression. Recently, Docket Navigator listed Rich as one of the top 20 attorneys at the Patent Trial and Appeal Board (PTAB), as measured by the number of IPR, CBM and PGR proceedings in which he represented one of the litigants in 2016.

Rich also has an extensive patent prosecution and counseling practice and significant litigation experience. He advises clients on the development of commercially valuable patent portfolios, leads teams to build those portfolios, and led the firm’s Electrical and Computer Technologies practice group for more than 15 years. He has written and prosecuted patents that have been successfully asserted in litigation and withstood post-grant attacks. With respect to patent litigation, Rich has architected infringement and validity aspects of major patent litigations and drafted winning claim construction motions.

As a former senior design engineer, Rich is particularly skilled at handling all types of computer and software related technologies. He has also handled other technologies in the electrical, medical device, and consumer products fields, including storage systems, digital rights management systems, automatic availability systems, databases, automatic speech recognition, text-to-speech generation, natural language understanding, semiconductor processing, imaging devices, healthcare systems, wireless networking systems, computer aided tomography, explosive detection devices, graphics systems, guidewires, stents, catheters, surgical patches, and endoscopes. He represents a full spectrum of clients, including industry leading multi-national corporations (e.g., EMC, Nuance Communications, C.R. Bard, Smith & Nephew), mid-size companies, start-ups, venture capitalists, and academic institutions.

Patent Owner Representations:

  • Led multi-firm effort to overcome rejections in reexamination of a medical device patent owned by C. R. Bard, Inc. on which there was an outstanding judgment in excess of $1 billion. Developed strategy that resulted in immediate withdrawal of the rejections and secured the judgment.
  • In a case of first impression, served as lead counsel for the University of Florida Research Foundation (UFRF) in successfully asserted sovereign immunity, persuading the PTAB to dismiss three IPRs filed against UFRF’s patent. State universities had previously had patents challenged before the PTAB, but none had ever asserted that sovereign immunity renders a state entity immune to those challenges. (IPR2016-01274, IPR2016-01275, IPR2016-01276)
  • Persuaded the PTAB to deny institution on five patents being asserted in litigation by our client EMC. (IPR2014-01295, IPR2014-01254, IPR2014-01329, IPR2013-00458, IPR2014-01332)
  • Persuaded the PTAB to deny institution on two patents being asserted in litigation by our client Solarflare. (IPR2016-01908)
  • Represented patent owner Davol (division of C.R. Bard) in six IPRs attacking patents asserted in parallel litigation. Resolved all six IPRs with all claims confirmed. (IPR2013-00184, IPR2013-00185, IPR2013-00186, IPR2013-00187, IPR2013-00188, IPR2013-00189)
  • Represented patent owner Nuance Communications, Inc. in nine reexamination proceedings arising from two different parallel litigations. All nine reexaminations were resolved with all claims confirmed.

Patent Challenger Representations:

  • For our client RPX, a leading provider of patent risk solutions, obtained final written decisions cancelling all challenged claims in three IPRs challenging two patents. (IPR2015-01750, IPR2015-01751, IPR2015-01752)
  • For our client Smith & Nephew, filed 15 IPR petitions challenging 12 patents and 147 claims being asserted by a competitor in parallel litigation. Patent owner disclaimed all challenged claims in one of the 15 IPRs before institution, and the PTAB instituted all 14 of the other IPRs on all challenged claims and all grounds.
  • Obtained favorable institution decisions in three IPRs on all grounds and all challenged claims for our client Husky Injection Molding Systems. (IPR2016-00431, IPR2016-00432, IPR2016-00433) 
  • Obtained first ever sanction of attorneys’ fees awarded by the PTAB against a party. Sanctions were imposed for a protective order violation. (IPR2015-01750, IPR2015-01751, IPR2015-01752)
  • For our client RPX, filed three IPRs against a patent asserted by a non-practicing entity against 29 large technology companies. The petition exposed a fatal defect in patent’s priority claim and led to dismissal of all lawsuits and disclaimer of the patent.
  • Filed a petition on behalf of RPX that led the patent owner to disclaim all claims before institution. (IPR2015-00736)
  • Boston Patent Law Association

Rich has been recognized in Chambers USA as a leading intellectual property attorney. He has also been repeatedly named to the list of Massachusetts Super Lawyers in the field of intellectual property law.

While in law school, he received both the Daniel J. Fern Award, for graduating first in his class, and the David J. Sargent Fellowship, a full tuition scholarship awarded to one member of each entering class.

Rich was the lead inventor on a patent for a memory diagnostic system.

Rich has always had a passion for athletics (captaining his high school football and lacrosse teams and his college football team) and continues that involvement by coaching his children's youth teams. He was an Academic All-American Football Player at Tufts University and a recipient of the Alumni Association Seniors Award, awarded to 12 graduating seniors based on academic performance and demonstrated leadership, and the Frederick Melvin Ellis Prize, awarded to students showing marked athletic versatility, a modest manner, successful academic achievement, and the potential for effective leadership of youth.

Expand All

Rich Giunta chairs the firm's Post-Grant Proceedings Group. He has successfully represented both the patent owner and the petitioner in nearly 90 contested matters before the US Patent Office, including inter partes review (IPR) and covered business method (CBM) review, and inter partes and ex parte reexaminations. Practicing for over 25 years, Rich has represented market leading companies and universities engaged in proceedings with more than one billion dollars at stake and involved in parallel litigations. Rich’s track record is first-rate, and he has prevailed numerous times on issues of first impression. Recently, Docket Navigator listed Rich as one of the top 20 attorneys at the Patent Trial and Appeal Board (PTAB), as measured by the number of IPR, CBM and PGR proceedings in which he represented one of the litigants in 2016.

Rich also has an extensive patent prosecution and counseling practice and significant litigation experience. He advises clients on the development of commercially valuable patent portfolios, leads teams to build those portfolios, and led the firm’s Electrical and Computer Technologies practice group for more than 15 years. He has written and prosecuted patents that have been successfully asserted in litigation and withstood post-grant attacks. With respect to patent litigation, Rich has architected infringement and validity aspects of major patent litigations and drafted winning claim construction motions.

As a former senior design engineer, Rich is particularly skilled at handling all types of computer and software related technologies. He has also handled other technologies in the electrical, medical device, and consumer products fields, including storage systems, digital rights management systems, automatic availability systems, databases, automatic speech recognition, text-to-speech generation, natural language understanding, semiconductor processing, imaging devices, healthcare systems, wireless networking systems, computer aided tomography, explosive detection devices, graphics systems, guidewires, stents, catheters, surgical patches, and endoscopes. He represents a full spectrum of clients, including industry leading multi-national corporations (e.g., EMC, Nuance Communications, C.R. Bard, Smith & Nephew), mid-size companies, start-ups, venture capitalists, and academic institutions.

Patent Owner Representations:

  • Led multi-firm effort to overcome rejections in reexamination of a medical device patent owned by C. R. Bard, Inc. on which there was an outstanding judgment in excess of $1 billion. Developed strategy that resulted in immediate withdrawal of the rejections and secured the judgment.
  • In a case of first impression, served as lead counsel for the University of Florida Research Foundation (UFRF) in successfully asserted sovereign immunity, persuading the PTAB to dismiss three IPRs filed against UFRF’s patent. State universities had previously had patents challenged before the PTAB, but none had ever asserted that sovereign immunity renders a state entity immune to those challenges. (IPR2016-01274, IPR2016-01275, IPR2016-01276)
  • Persuaded the PTAB to deny institution on five patents being asserted in litigation by our client EMC. (IPR2014-01295, IPR2014-01254, IPR2014-01329, IPR2013-00458, IPR2014-01332)
  • Persuaded the PTAB to deny institution on two patents being asserted in litigation by our client Solarflare. (IPR2016-01908)
  • Represented patent owner Davol (division of C.R. Bard) in six IPRs attacking patents asserted in parallel litigation. Resolved all six IPRs with all claims confirmed. (IPR2013-00184, IPR2013-00185, IPR2013-00186, IPR2013-00187, IPR2013-00188, IPR2013-00189)
  • Represented patent owner Nuance Communications, Inc. in nine reexamination proceedings arising from two different parallel litigations. All nine reexaminations were resolved with all claims confirmed.

Patent Challenger Representations:

  • For our client RPX, a leading provider of patent risk solutions, obtained final written decisions cancelling all challenged claims in three IPRs challenging two patents. (IPR2015-01750, IPR2015-01751, IPR2015-01752)
  • For our client Smith & Nephew, filed 15 IPR petitions challenging 12 patents and 147 claims being asserted by a competitor in parallel litigation. Patent owner disclaimed all challenged claims in one of the 15 IPRs before institution, and the PTAB instituted all 14 of the other IPRs on all challenged claims and all grounds.
  • Obtained favorable institution decisions in three IPRs on all grounds and all challenged claims for our client Husky Injection Molding Systems. (IPR2016-00431, IPR2016-00432, IPR2016-00433) 
  • Obtained first ever sanction of attorneys’ fees awarded by the PTAB against a party. Sanctions were imposed for a protective order violation. (IPR2015-01750, IPR2015-01751, IPR2015-01752)
  • For our client RPX, filed three IPRs against a patent asserted by a non-practicing entity against 29 large technology companies. The petition exposed a fatal defect in patent’s priority claim and led to dismissal of all lawsuits and disclaimer of the patent.
  • Filed a petition on behalf of RPX that led the patent owner to disclaim all claims before institution. (IPR2015-00736)
  • Boston Patent Law Association

Rich has been recognized in Chambers USA as a leading intellectual property attorney. He has also been repeatedly named to the list of Massachusetts Super Lawyers in the field of intellectual property law.

While in law school, he received both the Daniel J. Fern Award, for graduating first in his class, and the David J. Sargent Fellowship, a full tuition scholarship awarded to one member of each entering class.

Rich was the lead inventor on a patent for a memory diagnostic system.

Rich has always had a passion for athletics (captaining his high school football and lacrosse teams and his college football team) and continues that involvement by coaching his children's youth teams. He was an Academic All-American Football Player at Tufts University and a recipient of the Alumni Association Seniors Award, awarded to 12 graduating seniors based on academic performance and demonstrated leadership, and the Frederick Melvin Ellis Prize, awarded to students showing marked athletic versatility, a modest manner, successful academic achievement, and the potential for effective leadership of youth.