Richard J. Berman

Partner and Life Sciences Industry Group Co-Leader

Rich leads ArentFox Schiff’s Hatch-Waxman Litigation team and is a former member of the Executive Committee.

Richard Berman Portrait

Rich, a registered US patent attorney and partner of the firm, practices in the areas of patent litigation, transactions, and prosecution in the chemical, pharmaceutical, and biotechnology fields. Rich co-chairs the Life Sciences Industry Group, an interdisciplinary team of attorneys focused on the patent, regulatory, health care, and corporate issues unique to the pharmaceutical industry. Rich also is a former member of the firm’s Executive Committee, having served on the EC for eight years.

Client Work

Rich leads ArentFox Schiff’s Hatch-Waxman litigation team, which has represented generic pharmaceutical companies in dozens of lawsuits over the past decade, including several high-profile, first-to-file suits. Rich has also litigated cases and led Inter Partes Review proceedings (IPRs) in the technical fields of computer software, biotechnology, medical and diagnostic devices, and herbal supplements.

Rich advises chemical, pharmaceutical, and medical device companies on the acquisition, sale, in-licensing, and out-licensing of intellectual property. Rich also advises manufacturing companies in the design-around process, including patent landscape and freedom-to-operate analyses.

Rich’s patent prosecution team counsels clients in a wide variety of technologies, such as new chemical entities, pharmaceuticals, medical and diagnostic devices, polymers, functional foods, herbal extracts, drug delivery systems, gene therapy, transgenic animals and plants, vaccines, antibodies, and imaging agents.

Publications, Presentations & Recognitions

Rich is a frequent speaker, and he is interviewed often about issues related to intellectual property law. His recent speeches include:

  • “Recent Case Decisions on Paragraph IV and Pharmaceutical Patent Litigations,” Annual US PARA-IV & Global IP Litigation Symposium; March 3, 2023
  • Intellectual Property & Technology Law Journal, Premarket Testing of Diagnostic Medical Software Protected From Claims of Patent Infringement,by § 271 Safe Harbor Defense; January 2021
  • “Practical Advice for Overcoming USPTO Rejections and Asserting and Defending Against §101 Arguments in the Courts,” Paragraph IV Disputes Master Symposium, American Conference Institute; October 2, 2018
  • Accordion Toggle

Rich was noted in the inaugural edition of LMG Life Sciences in 2012 as a “Life Sciences Star” for his patent work. He was noted again in the 2013 and 2015 editions.