Profile
Rich Crisona is an experienced trial lawyer with extensive experience in complex commercial litigation and intellectual property matters. He has litigated a range of complex cases arising in the commercial context, from securities claims and business torts to the defense of class actions in state and federal courts. Rich’s practice also focuses on all aspects of intellectual property litigation, including patent, trademark, copyright and trade secret litigation. Rich has been admitted to practice before the United States Patent and Trademark Office since 1982, and advises clients on patent infringement, validity and freedom to operate issues, and on intellectual property licensing matters, including SaaS licensing.
While in law school, Rich worked first as a chemical engineer and then as a patent agent for the General Foods Corporation, where he prosecuted numerous patent applications. After graduation, Rich became an associate in the litigation department at Cravath, Swaine & Moore, and then was a partner in complex commercial litigation and intellectual property firms.
Rich practices in the New York and New Jersey state courts, and in federal courts throughout the country. He has participated in litigation at all levels of the federal court system, including pre-trial proceedings and trials in the United States District Courts and appeals in the United States Courts of Appeals and the United States Supreme Court. He is experienced with multi-district and class action proceedings in federal court, and in representing defendants in multi-defendant patent “troll” infringement cases.
Rich has considerable mediation experience. In addition to representing clients in numerous court-supervised and private mediations, Rich is on the panel of mediators for the United States District Court for the Eastern District of New York and had previously served on the New York County Supreme Court Commercial Division panel.
- B.S., Michigan State University, Chemical Engineering, with honors
- J.D., Fordham Law School, cum laude (staff member Fordham Law Review)
- New York
- New Jersey
- Second Circuit
- Federal Circuit
- Eastern District of New York
- Northern District of New York
- Southern District of New York
- District of New Jersey
- District of Colorado
- U.S. Patent and Trademark Office
- Mediator, Eastern District of New York
- Association of the Bar of the City of New York, including participation in its Monday Night Law clinic for moderate income clients
Representative Matters
Patents
- Represented medical device manufacturer in defense of a patent inventorship dispute involving 15 United States patents and related foreign patents.
- Represented leading luggage manufacturer as plaintiff in patent infringement action concerning expandable luggage feature.
- Advised university professor in a potential patent inventorship dispute concerning a genetic test to identify a specific disease.
- Represented a top manufacturer of robotic pool cleaners as plaintiff and defendant in various patent infringement actions against other robotic pool cleaner manufacturers.
- Represented leading luxury hotel chain in two multi-defendant patent “troll” infringement litigations in the Eastern District of Texas.
- Represented leading publishing software distributor in a patent “troll” infringement litigation that was voluntarily dismissed with prejudice before motion practice.
Trademarks
- Represented top broker/dealer as a defendant in a trademark infringement action by a leading investment bank.
- Represented largest imported premium jam manufacturer as plaintiff in a trade dress infringement action against one of the largest consumer products companies in the U.S.
- Represented largest tequila manufacturer as defendant in a trademark and contract dispute with one of the leading distilled spirits producers in the U.S.
- Represented manufacturer of a leading brand of hot sauce as plaintiff in a trade dress infringement action against a knock-off manufacturer.
- Represented various clients in opposition and cancellation proceedings before the United States Trademark Trial and Appeal Board.
Copyright
- Represented co-writer of New York Times best seller as plaintiff in copyright action against the listed author.
- Represented corporate workflow consultant as plaintiff in copyright infringement action concerning computer source code.
- Represented top car manufacturer as defendant in a copyright infringement action over a customized digital font.
- Represented a video streaming service in copyright and trademark claims concerning its name and logo.
IP Advice and Counseling
- Rendered various patentability, infringement and validity opinions in areas as diverse as credit card processing methods, sophisticated financial hedging and trading methods, luggage components, medical devices, and advertising devices and software.
- Participated in the IP due diligence in connection with the acquisition of a top manufacturer of robotic pool cleaners.
- Represented various clients in patent, trademark and copyright licensing transactions, both as part of a lawsuit settlement, and as stand-alone transactions.
- Represented active pharmaceutical ingredient manufacturer in sale of intellectual property portfolio and entry into contract manufacturing transaction.
- Represented various clients in SaaS licensing and website Terms of Service and Privacy Policy agreements.
Commercial Litigation
- Represented specialty credit card processor in a series of contractual disputes with major banks and credit card processor, and in the defense of a six-year fraudulent inducement claim that was voluntarily dismissed after the court dismissed most of the claims on summary judgment.
- Represented client in Delaware dissolution proceeding of deadlocked corporation.
- Represented leading nutritional supplement manufacturer in defense of class action lawsuit claiming deceptive trade practices.
- Represented claimants and respondents in FINRA arbitrations.
- Representation of defendants in California Proposition 65 cases claiming failure to disclose presence of certain chemicals in their products.
- Represented well known designer of fashion jeans in multi-million dollar licensing dispute.
- Represented an investor in his defense of contract and fraud actions arising from the attempted start-up of a high technology venture.
- Represented a prominent art gallery in a fraud and conversion action against its former partner.
- Represented an investment fund client in a successful books and records inspection litigation.
Publications
Can You Be Sued in Every State in Which Your Site Can Be Viewed? The Internet Newsletter: Legal and Business Aspects, February 1999
For Discovery of Settlement Materials, Be Prepared to Show Relevance, New York Law Journal, January 20, 1999, p. 1
Do Not Trust the Contract: Phone Service and Filed Tariffs, New York Law Journal, October 30, 1998, p. 1.
