Richard M. McDermott - Alston & Bird LLP

Richard M. McDermott

Listed in Best Lawyers since 2013

Rick McDermott is a partner in the Intellectual Property – Litigation Group. Rick concentrates his practice on complex intellectual property litigation, including patent, trademark, copyright and other technology-related disputes. In addition, Rick counsels clients regarding obtaining, protecting, licensing and enforcing intellectual property. He is also experienced in the preparation and prosecution of patents in the electrical and electromechanical fields.

Rick has litigated a wide variety of patent, trademark and copyright cases through discovery, trial and appeal in numerous courts through the United States, including in the United States District Courts in California, Delaware, Texas, Virginia, New York, Minnesota, North Carolina, Ohio, New Hampshire and South Carolina, as well as in the International Trade Commission.

His patent infringement cases have covered such subjects as GPS technology, semiconductor manufacturing processes and products, ultrasound imaging equipment, refrigerants, cellular products and systems, digital imaging technology, direct broadcast satellite systems, electronic maintenance data collectors, plasma arc torches and electrodes, turbulence detection systems, gyratory compactor equipment for the asphalt industry, space dyeing machines, conveyor roller equipment, yarn dyeing equipment and food purification processes. He also has experience in the fields of carbon nanotubes, wireless transmission of digital information, system authentication and security, and electronic payment and pre-pay systems.

Marquette UniversityMarquette UniversityJ.D. 1994
Intellectual Property Owners Association Association International pour la Protection de la Propriete Intellectuelle American Intellectual Property Law AssociationLegal Services of Southern Piedmont The Relatives, crisis shelter and resource center for at-risk children and young adults, Charlotte, NC

Case History

  • Currently lead counsel for Ziptronix, Inc. relating to semiconductor manufacturing methods and related products. Ziptronix, Inc. v. Omnivision Technologies, Inc., et al. (N.D. Cal.)
  • Currently lead counsel for a leading automotive equipment manufacturer in a patent infringement action related to GPS device functionality and technology. Visteon Technologies, Inc., et al. v. Garmin International, Inc. (E.D. Mich.)
  • Defense counsel for a major bank in a patent infringement suit resulting in dismissal with prejudice in April 2013. Phoenix/LPL Licensing v. BB&T Corp. (E.D.Tx.)
  • Counsel for a patentee in an enforcement action concerning infringement of patents for medical ultrasound imaging equipment. The case was finally resolved in June 2012 and resulted in settlements with General Electric, Toshiba, Siemens and Medison. Volumetrics Medical Imaging, LLC v. General Electric and related cases (M.D.N.C. and N.D.Ca.).
  • Counsel for a leading marine products manufacturer, Navico Inc., in an ITC investigation (337-TA-738) involving marine autopilots equipped with GPS.
Part 2
  • Counsel for complainants in an ITC investigation (337-TA-623) concerning chemical processes for the manufacture of refrigerant R-134a. Obtained a Consent Order and a favorable settlement for the client securing the full relief available at the ITC.
  • Defense counsel in patent infringement case concerning mobile telephone networks in 2010. Celltrace LLC v. Sprint Nextel et al. (E.D.Tx)
  • Counsel for multiple defendants concerning patents for automated call center systems. RAKTL v. Duke Energy et al. (D.Del.)
  • Counsel for the defendant in a patent infringement claim concerning mobile telephony. Thomas v. Nokia Inc. et al. (W.D.N.C.)
  • Defended Tripath in patent, antitrust and Lanham Act cases relating to cervical cancer screening systems and cell preservative fluids. Cytyc, Inc. v. TriPath, Inc. (D. Del., D. Mass.)
  • Counsel for the plaintiff in infringement action concerning three patents for television set top boxes. Superguide v. EchoStar and DirecTV (W.D.N.C.)
  • Counsel for the plaintiff in this case for asphalt compactor systems. Troxler v. Pine (E.D.N.C.)
Other Court Admissions
  • U.S. Patent and Trademark Office

Office Location

Bank of America Plaza, Suite 4000
101 South Tryon Street
Charlotte, NC 28280-4000
United States

Practice Areas

Litigation - Intellectual Property
Litigation - Patent