Richard W. McLaren, Jr.is an experienced trial lawyer who concentrates his practice in the area of intellectual property. He has served as lead trial counsel on dozens of jury trials to verdict and many more trials to the bench. He has tried patent, trademark, trade secret and complex commercial litigation cases.

As lead trial counsel Mr. McLaren tried his first jury trial in 1974, his first million dollar jury trial in 1978, and his first patent infringement jury trial in 1986, all successfully. His longest trial to date lasted 11 weeks, during which he examined or cross-examined 50 witnesses and obtained a favorable result for his client. His biggest trial so far on behalf of a plaintiff resulted in a $119 million judgment for his client. His biggest trial on behalf of a defendant produced a denial of a $1 billion counterclaim. His biggest patent case without a trial, which he successfully resolved on a motion for summary judgment, involved $4 billion in sales of the accused devices. In 2006, he successfully defeated a $600 million patent claim after a seven week trial. Mr. McLaren has made numerous appellate arguments at the Federal Circuit and other federal courts of appeals.

Admitted to practice in Illinois and Ohio, Mr. McLaren is a 1973 graduate of Northwestern University School of Law and a graduate of Yale University.

Areas Of Practice

Intellectual Property Law
Intellectual Property Litigation
Litigation

Representative Matters

Served as lead counsel for a generic pharmaceutical company on two Abbreviated New Drug Application (ANDA) cases.
Lead trial counsel for defendants in a seven week trial of a $600 million licensing dispute and patent infringement action involving disk drive motors. Judge Paul Friedman ruled in favor of our client on all causes of action in a 250 page opinion. Plaintiffs then agreed to pay millions of dollars of defendants' attorneys fees to settle the case. Minebea Co. Ltd., et al v. Georg Papst and Papst Licensing GmbH (444 F. Supp. 2d 68, 2006 WL 2374458 (D.D.C., 2006)(Judge Paul Friedman)
Obtained a reversal of a multimillion-dollar verdict of patent infringement involving truck transmissions while serving as first chair. Eaton Corp. v. Rockwell International Corp. and ArvinMeritor, Inc., 323 F.3d 1332 (Fed. Cir. 2003).
Obtained a summary judgment of non-infringement of a multimillion-dollar patent infringement claim against client involving a data compression software algorithm in computer modems and obtained sanctions against the plaintiff. Acting as first chair, argued and won the appeals. Holtz v. Conexant Systems, Inc., U.S.D.C., N.D. Calif., 97-CV-20493, aff'd, 00-1112, 2002 U.S.App. LEXIS 27158 (Fed. Cir. 2002).
Serving as first chair, successfully persuaded the judge to vacate a temporary restraining order he had previously entered against client and to deny a preliminary injunction in a trademark matter. Charter National Bank and Trust v. Charter One Financial, Inc., 65 USPQ2d 1684 (N.D. Il. 2001).
Serving as first chair, prosecuted a misappropriation of trade secrets case against a large printer in the Chicago area, obtaining a seven-figure settlement. Our cross-examination of the chief executive officer resulted in the judge referring the matter for criminal prosecution of the chief executive officer for perjury on the witness stand. Sourcecorp, Inc. v. Continental Web Press, Inc. d/b/a Continental Web, Inc., No. 00 CH 580, (DuPage County, IL, 2001).
Serving as first chair, obtained $119 million verdict (100%) and defeated a $1 billion write-off after examining or cross-examining 50 expert witnesses during an 11-week trial of the 1996 electric rate case. Toledo Edison Co., 1996 Ohio PUC LEXIS 180 (April 11, 1996).
Serving as first chair, obtained a jury verdict of noninfringement of a patent infringement claim against client involving a television frame synchronizer. Cooper v. Harris Corp., U.S.D.C., N.D. Ohio, C-82-1060, affirmed at 902 F.2d. 43 (Fed. Cir., 1989).
Serving as first chair, tried dozens of jury trials

Professional Activities

American Bar Association
- Member, Sections on Litigation, Intellectual Property Law, Business Law, and Tort and Insurance Practice
Chicago Bar Association
Federal Bar Association
Federal Circuit Bar Association
- Intellectual Property Law Section
Illinois State Bar Association
- Intellectual Property Law Section
Ohio State Bar Association
American Intellectual Property Law Association
Intellectual Property Law Association of Chicago
American Judicature Society

Admissions

Illinois
Ohio
Supreme Court of Ohio
Supreme Court of Illinois
U.S. District Court for the Northern District of Ohio
U.S. District Court for the Northern District of Illinois
U.S. Courts of Appeals for the Sixth and Seventh and Federal Circuits
U.S. Supreme Court

Education

Northwestern University School of Law, J.D., 1973
Yale University, B.A., 1967

Experience

Duane Morris LLP
- Partner, 2007-present
Welsh & Katz, Ltd.
- Partner, 1997-2007
Centerior Energy Corp.
- Principal Counsel (Deputy General Counsel), 1994-1997
Ernst & Young
- Principal (Associate General Counsel), 1988-1994
Squire, Sanders & Dempsey
- Partner, 1983-1987
- Associate, 1973-1983
U.S. Army
- First Lieutenant, active duty, 1967-1970

Honors and Awards

Marquis' Who's Who in American Law
Who's Who in America
Leading Lawyers of Illinois
The Top Lawyers in Intellectual Property Law

Selected Speaking Engagements

Webinar, 2006, "Trends in Patent Damages and the Impact on Litigation Tactics"