Biography

Richard L. Moss focuses his practice on U.S. and foreign patent prosecution matters in electrical, electromechanical, general mechanical, medical device, computer software, and process technology areas. Mr. Moss also represents and counsels clients in trademark prosecution matters, intellectual property litigation matters in federal courts, post-grant proceedings before the U.S. Patent and Trademark Office Patent Trial and Appeal Board, and in business transactions involving intellectual property assets, including licensing and corporate due diligence matters.

Prior to joining Berger Montague, Mr. Moss was a Partner at a Philadelphia law firm and, before that, a Special Counsel at a prominent New York City-based international law firm.

Professional Leadership

  • American Bar Association, Section of Intellectual Property Law

Noteworthy Litigation Matters

  • C.R. Bard, Inc. et al. v. Medical Components, Inc. (D. Utah) – represent MedComp in patent infringement actions involving multiple patents concerning implantable venous access ports
  • Bendix Commercial Vehicle Sys. v. WABCO Automotive Control Sys. (N.D. Ohio) – Successfully defended WABCO in a patent infringement action involving commercial vehicle air disk brake technology; settled the case on the eve of trial on favorable terms.
  • Advance Magazine Publishers Inc. v. Activ8now (S.D.N.Y.) – Successfully represented publishing giant Condé Nast in an action involving patent infringement, trade secrets misappropriation, and trademark infringement claims relating to online versions of Vogue magazine; obtained a decisively favorable Markman patent claim construction ruling resulting in a judgment of non-infringement; and obtained summary judgment dismissal of all other causes of action.
  •  Finisar v. Sirius Satellite Radio (E.D. Tex.) – Successfully defended Sirius in a patent infringement action involving data transmission technology.
  •  NetRatings v. The NPD Group (D. Del.) – Successfully defended NPD, a leading market research and advisory services firm, in a patent infringement action involving personal computer use tracking/monitoring technology.
  •  American Standard Inc. v. Lyons Indus. (D. N.J.) – For American Standard, litigated design patent infringement and unfair competition claims; obtained a preliminary injunction; settled the case while on appeal to the U.S. Court of Appeals for the Federal Circuit resulting in a permanent injunction and payments to the client.  
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Admissions

  • Member – New York
  • Admitted – United States Court of Appeals for the Federal Circuit
  • Admitted – United States District Court for the Eastern District of New York
  • Admitted – United States District Court for the Southern District of New York
  • Member – United States Patent and Trademark Office