Overview
Richard Guerra
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EMAIL rguerra@mcdonaldhopkins.com

PHONE 305.704.3981

Experience

Richard is a member in our Intellectual Property department. Based in Miami, Richard previously was a partner with a boutique firm that specializes in intellectual property law. He began his legal career as an associate for Fowler Rodriguez Valdes-Fauli.

Richard advises clients on a variety of intellectual property and commercial litigation matters, including patent, trademark, copyright and trade secret litigation.

Richard has litigated on behalf of medical device manufacturers and utility companies in both federal and state court. He also prepares and prosecutes patent applications for medical devices, mechanical devices and chemical processes.

A registered patent attorney before the U.S. Patent and Trademark office and board certified as a specialist in Intellectual Property Law by the Florida bar, Richard has earned a J.D. from George Washington University Law School in 2003, and a B.S. in cellular and molecular biology from Tulane University in 1999.

Representative Cases/Matters

  • Atlas IP, LLC v. St. Jude Medical, Inc. Case No. 14-CV-21006 (S.D. Fla. 2014)

Represented interests of Defendants St. Jude Medical, Inc. and St. Jude Medical S.C., Inc. Patent infringement against NPE with approximately $850 million in exposure. Case was dismissed in clients’ favor on summary judgement.

  • CTP Innovations, LLC v. Solo Printing, Inc., Case No. 14-CV-21499 (S.D. Fla. 2014)

Represented interests of Defendant Solo Printing, Inc. Patent infringement action against NPE. Favorably settled prior to engaging in extensive discovery or depositions.

  • Star EnviroTech, Inc. v. Redline Detection, LLC, Case No. SACV12 1861 DOC (MLGx) (C.D. Cal. 2012)

Represented interests of Plaintiff Star EnviroTech, Inc. Pending patent infringement action against direct competitor for use of patented EVAP smoke leak detection system.

  • Automated Tracking Solutions, LLC v. Awarepoint Corporation, Case No. 12-CV-01313 (E.D. Va. 2012)

Represented interests of Defendant Awarepoint Corporation. Patent infringement action against NPE. Favorably settled through mediation several weeks prior to the trial date.

  • Woods v. DeAngelo Marine Exhaust, Inc., 692 F.3d 1272 (S.D. Fla. 2012)

Represented defendant, DeAngelo Marine Exhaust, Inc., in a patent infringement lawsuit involving a marine exhaust system. Case proceeded to a jury trial, where damages were reduced from $1.2 million to $90,000.

  • Freshloc Technologies, Inc. v. Awarepoint Co., et al., Case No. 3:10-cv-01532 (N.D. Tex. 2010)

Represented defendant, Awarepoint Technologies, Inc. in a patent infringement lawsuit involving Radio Frequency Identification technology. Successfully petitioned USPTO for reexamination of plaintiff’s patent and the claims at issue were ultimately rejected based on prior art submitted in support of the reexamination proceeding.

  • Delaware Valley Floral Group, Inc. v. Shaw Rose Nets, LLC, 597 F.3d 1374 (S.D. Fla. 2010)

Represented plaintiff, Delaware Valley Floral Group, Inc., in a patent infringement lawsuit. Filed action for declaratory relief based on Shaw Rose Nets, LLC threatened infringement lawsuit for a patent disclosing and claiming a method to increase the size of rose heads using plastic netting. The Southern District of Florida court awarded summary judgment in favor of Delaware Valley after securing testimony from the defendant/inventor acknowledging an on-sale bar under Section 102. Defendant appealed case to the federal circuit, which affirmed summary judgment.

  • Remotech, LLC v. Araneus USA, Inc., Case No. 9:10-cv-80335 (S.D. Fla. 2010)

Represented plaintiff, Remotech, LLC, manufacturer of robotic devices, in patent infringement litigation. Case was favorably settled before discovery began.

  • Chase Boards, LLC v. RDX Industries, LLC, Case No. 8:09-cv-01040 (S.D. Fla. 2009)

Represented plaintiff, Chase Boards, LLC, maker of electric powered skateboards, in a patent infringement lawsuit. Defendant consented to an injunction and case was settled favorably.

  • Balboa Instruments, Inc. v. Consumer Engineering, Inc., Case No. 8:09-cv-00952 (C.D. Cal. 2009)

Represented defendant, Consumer Engineering, Inc., a manufacturer of hot tub electronics, in a patent infringement lawsuit. Case settled favorably before engaging in any discovery.

  • Siemens Medical Center Solutions USA, Inc., et al., v. Saint-Goblain Ceramics & Plastics, Inc., Case No. 6:08-MC-00024 (M.D. Fla. 2008)

Defended 3rd party defendant, Crystal Photonics, Inc., whose patented crystal scintillation technology for PET scan devices was at the center of this $50 million dispute.

  • Dollar Only Wholesale, LLC v. Transnational Foods, Inc., Case No. 13-CV23645 (S.D. Fla. 2013)

Represented interested of Defendant Transnational Foods, Inc. Trademark infringement action against direct competitor for accused infringing product label and configuration. Favorably settled through mediation prior to engaging in extensive discovery or depositions.

  • Gulfstream Media Group, Inc. v. PD Strategic Media, Inc., Case No. 12-CV-62056 (S.D. Fla. 2012)

Represented interests of Plaintiff Gulfstream Media Group, Inc. Trademark infringement action against direct competitor for use of the word mark FT. LAUDERDALE MAGAZINE. Favorably settled through mediation prior to engaging in extensive discovery or depositions.

  • Florida Power & Light Company v. Lixi, Inc., et al., Case No. 9:11-cv-80847 (S.D. Fla. 2011)

Represented plaintiff, Florida Power & Light Company, in a breach of purchase contract dispute. Defendant failed to assign patents and intellectual property rights that disclosed a system and method for examining the interior of a boom arm of a utility truck. Litigated through discovery. Case settled.

  • RGS Labs International, Inc. v. The Sherwin Williams Company, 2010 WL317778 (S.D. Fla. 2010)

Represented defendant, The Sherwin Williams Company, in trademark infringement litigation involving a mark for a waterless cleaning wax. Case was settled favorably before considerable discovery was done.

  • CDI, Inc. v. Murad, Inc., Case No. 1:10-cv-21125 (S.D. Fla. 2010)

Represented cosmetic company, CDI, Inc., in a trademark dispute involving the unauthorized use of the “Dr. Brandt” mark. Case litigated through discovery and settled favorably two months prior to pretrial conference.

  • Comfortex Corporation, et al. v. Loman Distributors, Inc., et al., Case No. 1:09-cv-21912 (S.D. Fla. 2009)

Represented defendant, Loman Distributors, Inc., in trademark and patent infringement litigation. Infringement of five utility patents, two design patents, and three different trademark registrations were claimed by the plaintiff. Settled case favorably in less than a month’s time.

  • Grupo Anderson’s, S.A. de C.V. v. Operadora Anderson’s, S.A. de C.V., Case No. 12-CV-01821 (D. Nev. 2012)

Represented interests of Defendant Operadora Anderson’s, S.A. de C.V. Dispute involving alleged breach of exclusive worldwide license agreement for the brands SENOR FROGS and CARLOS & CHARLIE’S. Dismissed voluntarily by Plaintiff.

  • Florida Power & Light Company v. Lixi, Inc., et al., Case No. 9:11-cv-80847 (S.D. Fla. 2011)

Represented plaintiff, Florida Power & Light Company, in a breach of purchase contract dispute. Defendant failed to assign patents and intellectual property rights that disclosed a system and method for examining the interior of a boom arm of a utility truck. Litigated through discovery. Case settled.

Credentials

Admissions - Court

  • Court of Appeals for the Federal Circuit
  • Eleventh Circuit Court of Appeals
  • Southern District of Florida
  • U.S. District Court for the Middle District of Florida
  • U.S. Patent and Trademark Office

Admissions - State

  • Florida

Education

  • George Washington University School of Law
  • Tulane University

Honors and Awards

  • South Florida Legal Guide, Top Up and Comer, 2014 - 2016
  • Selected for inclusion in Florida Super Lawyers, 2017

Professional Membership

  • The Florida Bar
  • Dade County Bar Association, Member
  • International Trademark Association, Member
Insights

External Publications

  • Notable Trends in Post-Octane Fitness Fee Awards, Law360, New York (April 13, 2016)
  • Early Avoidance of Potential Discovery Pitfalls, South Florida Legal Guide (2016 Edition)
  • Troll Filings Mount in South Florida Federal Courts, Daily Business Review, Practice Focus/Intellectual Property, February 13, 2015
  • States Take the Initiative to Regulate and Resolve the Stem Cell Debate, Florida Coastal Law Review, Volume 7, Number 1, 2005
  • Therapeutic Cloning as Proper Subject Matter for Patent Eligibility, IDEA: The Journal of Law & Technology, Volume 43, Issue 4, 2003
Events

Events

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