Richard H. Tilghman IV

Rich has tried cases, argued appeals, and mediated cases to resolution in state courts, federal courts, and arbitration forums across the country. His practice focuses on intellectual property litigation, electronic discovery, and other complex commercial matters. He has represented clients in patent, copyright, trademark, and trade secrets cases, class actions, shareholder disputes, and insurance coverage litigation. His recent experience includes the following:

• Rich defended an Italian client in an $18 Million patent trial involving three patents on load cell weighing technology. The plaintiff had filed suit in the Eastern District of Texas, which is widely regarded as a favorable forum for patent plaintiffs. After a three week trial, the jury entered a verdict in favor of the defendant, finding that the patents were not infringed and that two of the patents were invalid. Rich examined several witnesses and was principally responsible for the damages aspect of the case. He successfully deposed the plaintiff’s damages expert and persuaded the court to strike the expert’s reasonably royalty opinion under Daubert v. Merrell Dow Pharmaceuticals, 509 U.S. 579 (1993). The Plaintiff appealed the jury verdict to the United States Court of Appeals for the Federal Circuit. Rich argued the case before the Federal Circuit panel, persuading the Court to affirm the jury verdict in his client’s favor.
• Rich recently represented two defendants in a patent infringement case involving bicycle brake technology. Shortly before trial, the case was settled with no liability to the defendants.
• Rich successfully represented a group of nine defendants in a trade secret misappropriation case filed in federal court by the defendants’ former employer.
• Rich recently obtained a dismissal of a claim against a client accused of defamation and violation of the Illinois Wage Payment and Collection Act.  Relying on the recently enacted Illinois Citizen Participation Act, the Court dismissed the Plaintiff's claims and awarded the client attorneys' fees and cost.
• Rich argued an appeal before the Illinois Appellate Court on behalf of a client sued for allegedly providing negligent investment advice. After oral argument, the court affirmed the trial court’s ruling in favor of the client and dismissed the case with prejudice.
• Rich served as first chair in an arbitration proceeding in which his client was sued for breach of a uniform rental contract. After the arbitration hearing, the arbitrator entered an award in favor of the client, finding no liability.
• Rich represented the defendant in a class action case, and subsequent appeal, in which the plaintiff sought over $70 Million in damages. After obtaining a dismissal in the trial court, the appellate court affirmed, and the plaintiffs recovered no damages.
• Rich obtained summary judgment in favor of a client seeking to recover $775,000 in payments made pursuant to a commercial lease guaranty.
• Rich obtained the dismissal of a suit filed by an insurance company seeking a declaratory judgment that there was no insurance coverage for his client’s underlying personal injury suit. As a result of the dismissal, the underlying personal injury suit was fully covered by the client’s insurance policy.