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 represented the defendant in an $18 Million patent trial involving three patents on load cell 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 defendants, finding that the patents were not infringed and that two of the patents were invalid. Rich examined several lay and expert witnesses at trial, 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 the standard set forth in Daubert v. Merrell Dow Pharmaceuticals, 509 U.S. 579 (1993).
• 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 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.