Patricia R. Rich
Partner
Duane Morris LLP
100 High Street, Suite 2400
Boston, MA 02110-1724
USA
Phone: +1 857 488 4290
Fax: +1 857 401 3049
Email: PRich@duanemorris.com

Patricia R. Rich practices in the area of civil litigation, including complex commercial, business, intellectual property and healthcare litigations. Admitted to practice in both Massachusetts and Connecticut, Ms. Rich litigates multimillion-dollar business disputes, tort cases, intellectual property disputes and healthcare matters, including class actions.

Ms. Rich represents a diverse group of clients from an equally diverse range of industries. She is experienced in litigating in both the state and federal courts, in matters such as breach of contract, unfair and deceptive trade practices, and trademark, patent and copyright infringement issues. When appropriate, Ms. Rich assists clients in avoiding costly and protracted litigations by direct settlement negotiation, alternative dispute resolution and the strategic use of dispositive motions.

Ms. Rich is a member of the American, Massachusetts and Boston bar associations, as well as the Women's Bar Association of Massachusetts. Ms. Rich is a 1998 graduate of Northeastern University School of Law. She also earned her Master of Social Work from the University of Hawaii at Manoa, and graduated cum laude from the University of Connecticut.

Representative Matters

• Part of the Duane Morris team which, on the eve of trial, obtained a $65 million plus settlement on behalf of Tekmira Pharmaceuticals Corp. Tekmira had sued Alnylam Pharmaceuticals Inc. and AlCana Technologies, Inc. in the Business Litigation Session of the Massachusetts Superior Court alleging that Alnylam and AlCana misappropriated Tekmira's trade secrets related to gene-silencing therapeutics. In addition to the payments, the settlement also assigns control to Tekmira over its leading systemic RNAi Therapeutics delivery technology, and brings clarity around the ownership of the intellectual property that protects its lipid nanoparticle (LNP) technology.
• Wyeth v. Apotex Inc., and Apotex Corp., Case No. 08-022308 (S.D. Fla.). Patent infringement action regarding Apotex's ANDA to make a generic version of Wyeth's anti-depressant product EFFEXOR® XR, the active ingredient of which is venlafaxine hydrochloride.
• Abbott Laboratories v. Sandoz Inc., 10-538 (D.Del. - S. Robinson). Representing Sandoz in litigation regarding NIASPAN®, the active ingredient of which is niacin.
• King Pharmaceuticals, Inc. et al. v. Actavis Inc., et al., Case No. 07-05041 (D.N.J. – G. Brown). Represented Actavis in ANDA litigation regarding AVINZA®, the active ingredient of which is morphine sulfate.
• Part of trial team that contributed to Fortune 250 biotech company's success after a six-week jury trial wherein the client's valuable anemia drug related patents were found valid and infringed.
• Represented a sales company in obtaining a favorable buyout resulting from a dispute over an exclusive distributor agreement.
• Represented a national event organizing company in obtaining resolution of its breach of contract claim for failure to pay for services rendered and in avoiding multimillion-dollar fraud counterclaims.
• Obtained a multimillion-dollar settlement for a network of healthcare providers during arbitration with third-party payor in dispute over claims.
• Represent physicians, therapists, emergency room doctors, pathologists and other healthcare professionals in obtaining resolution of claims against commercial payors or health insurance providers related to the proper payment for health care services rendered.
• Achieved dismissal of an action alleging breach of environmental cleanup provisions in a purchase and sale agreement for a commercial property for a national company.
• Represented a minority shareholder in a closely held corporation during an appeal, which affirmed seven-figure judgment on a breach of fiduciary duty claim.
• Represented an independent packaging company in obtaining injunctive relief in connection with the theft of confidential and proprietary information by former employees.
• Obtained injunction for financial institutions in litigation involving commercial loans, defaults and restructuring of debt, which was then used to leverage settlement.
• Obtained injunction for major construction company in complex dispute related to large public works project involving millions of dollars, which was then used as leverage to negotiate resolution of the case.
• Obtained summary judgment for insurance company in coverage case involving misrepresentations in a life insurance policy.
• Obtained dismissal for insurance company of claim for breach of contract regarding a disability insurance policy and used favorable ruling with respect to unfair and deceptive practices claim to obtain settlement which client found very favorable.
• Represented business development consulting company in copyright infringement matters, successfully and consistently shutting down infringing uses through effective advocacy without the necessity or expense of trial.

Professional Activities

• American Bar Association
• Massachusetts Bar Association
• Boston Bar Association
• Women's Bar Association
  - Member of the Business Development Committee and Appointments, Awards & Endorsement Committee

Admissions

• Connecticut
• Massachusetts
• U.S. Court of Appeals for the Federal Circuit
• U.S. District Court for the District of Connecticut
• U.S. District Court for the District of Massachusetts

Education

• Northeastern University School of Law, J.D., 1998
• University of Hawaii, M.S.W., 1995
• University of Connecticut, B.A., cum laude, 1991

Experience

• Duane Morris LLP
  - Partner, 2007-present
  - Associate, 2002-2006
• Testa, Hurwitz & Thibeault, LLP, Boston, Massachusetts
  - Associate, 1998-2002

Civic and Charitable Activities

• Participated in the Pan Mass Challenge, a two day, two hundred mile bicycle ride to raise money for cancer research, 2008 and 2009
• Big Sister, 2000-present
• Member of the Oversight Committee for the Lawyers Concerned for Lawyers, 2008-present
• Member of Duane Morris LLP's pro bono committee

Selected Publications

• Author, "Rising Above Marketing & Business Development Hurdles," Women's Bar Review, August 2008
• Co-Author, "Automatic Disclosure Requirements in Federal Court -- Avoiding the Bite Behind the Bark," Boston Bar Journal, May/June 2004
• Co-Author, "Beyond Materiality and Scienter: Strategies for Successfully Defending Securities Class Actions by Attacking Plaintiffs' Loss Causation and Damages Theories," Massachusetts Continuing Legal Education Practicing Law Institute, New York, New York, Fall 2001
• Co-Author, "High Technology Crimes," Massachusetts Continuing Legal Education Seminar Manual, Boston, Massachusetts, Fall 1998

Selected Speaking Engagements

• Speaker, "Tips to Gain the Client's Confidence," Massachusetts Bar Association CLE seminar, Boston, Massachusetts, November 2, 2006
• Panelist and Co-Organizer, "Wrongful Convictions: A Call to Action," Criminal Justice Institute, Harvard Law School, Cambridge, Massachusetts, April 19-20, 2002