Richard M. Klein

Partner
Phone: 216.363.9121
Email: rklein@faysharpe.com
Fax: 216.363.9001
Team Member Since: 1983
Practice/Technical Competence:

Patent preparation and prosecution in chemical, mechanical, nuclear and biotechnology-related fields. Specific expertise in material science; chemistry; polymer science; chemical engineering; nuclear science, biochemistry; biomedical engineering; and pharmacology. Particular emphasis in litigation/licensing concerning patent, trademark, copyright, trade secret and other intellectual property-oriented disputes and client management of intellectual property matters.

 

Awards

Has been named in the past as one of the leading patent attorneys in the State of Ohio including receiving the “Ohio Super Lawyers” award for the field of Intellectual Property for five consecutive years between 2006-2010. Additionally, in 2011, was listed in Super Lawyers Business Edition as one of the top go-to attorneys in the nation for Intellectual Property matters. Moreover, for four (4) years (i.e. 2007-2010), was named by Chambers USA as one of America’s foremost Intellectual Property attorneys, and more recently named as a Recommended IP attorney in Ohio in 2018.

Author

“State Trademark and Unfair Competition Law,” Ohio Section and annual updates (INTA which is published bi-annually and distributed throughout by the Clark Boardman); Additionally, has authored several articles concerning patent prosecution and litigation, including “Establishing Infringement under the Doctrine of Equivalents after Malta,” Journal of Patent and Trademark Office Society, Vol. 75, No. 1, PP 5-19, January 1993; “Helpful Insights to the New Standards Required for the Patent Applications Containing Nucleotide and/or Amino Acid Sequence Data,” Journal of the Patent and Trademark Office Society, Vol. 73, No. 1, pp. 29­36, January, 1991; “Rule Changes Concerning DNA or Amino Acid Sequence Data,” The Journal of Proprietary Rights, Vol. 2, No. 10, pp. 19-20, October, 1990; “A Recent Revision to the General Venue Statute Greatly Expands Plaintiffs’ Venue Choices,” Journal of the Patent and Trademark Society, Vol. 71, No. 11, pp. 886-888, November 1989; “Changes in the Federal Venue Statute Expands Venue Choices for Trademark Infringement or Unfair Competition,” The Journal of Proprietary Rights, Vol. 1, No. 9, pp. 25-26, September 1989.

Expert Witness and Teaching Experiences

Has acted as an expert witness in the field of patent law for the Internal Revenue Service and the U.S. Department of Treasury since 2004. In addition, has been an expert patent, trademark, and copyright witness in several matters in 2003, 2006-2008, 2010, 2012 – 2013, and 2014. Has also appeared in a number of programs on matters relating to intellectual property law and has presented several lectures on various subjects of patent, trademark, copyright and trade secret law.

Interests/Notes

Has prepared and/or prosecuted over 500 patent applications concerning chemical/biotech/ mechanical matters and has handled several hundred trademark and copyright applications. Has been involved with and handled several important cases concerning patent, trademark or copyright issues. Please contact for a full list of citations, including:

MPT, Inc. v. Marathon Labels, Inc., 505 F.Supp. 2d 401 (N.D. Ohio 2007); Antonious v. Spalding & Evenflo Cos., Inc., 281 F.3d 1258, 62 USPQ2d 1060 (Fed. Cir. 2002); Antonious v. Spalding & Evenflo Cos., Inc., 275 F.3d 1066, 61 USPQ2d 1245 (Fed. Cir. 2002); Microsoft Corp. v. Action Software, 136 F.Supp. 2d 735; 58 USPQ2d 1305 (N.D. Ohio 2001); Antonious v. Spalding & Evenflo Companies, Inc., 44 F.Supp. 2d 732 (D.Md. 1998), 217 F.3d 849, 1999 U.S. App. LEXIS 22984 (Fed. Cir. 1999); Dolly, Inc. v. Spalding & Evenflo Cos., 16 F.3d 394, 29 USPQ2d 1767 (Fed. Cir. 1994); Darling v. Spalding & Evenflo Cos., Inc., 30 USPQ2d 1047 (N.D. Ind. 1993), aff’d, 26 F.3d 140 (Fed. Cir. 1994); R.E.F. Golf Co. v. Roberts Metals, Inc., 24 USPQ2d 1070 (M.D. Fla. 1992); Dolly, Inc. v. Spalding & Evenflo Cos., 954 F.2d 734, 23 USPQ2d 1555 (Fed. Cir. 1992); Spalding & Evenflo Companies v. Graco Metal Products Inc., 19 USPQ2d 1479 (N.D. Ohio 1991); and, Spalding & Evenflo Cos., Inc. v. Graco, 18 USPQ2d 2029 (N.D. Ohio 1991).

LinkedIn Profile: www.linkedin.com/pub/richard-klein/a3/772/773/

Registrations:

Member of the Ohio Bar; Admitted to practice in courts of the U.S. District Court for the Northern District of Ohio; U.S. Court of Appeals for the Federal Circuit; U.S. Court of Appeals for the Sixth Circuit and the U.S. Supreme Court. Registered to practice before the U.S. Patent and Trademark Office.

Memberships:
  • Cleveland Intellectual Property Law Association (Director, 2005; Vice President, 2006-2007)
  • American Inns of Court (The Thomas Lambros AIC, Associate, 1996-1997 and the Charles F. Scanlon AIC, Bencher, 2006-2014)
  • Cleveland Bar Association
  • American Intellectual Property Law Association
  • International Trademark Association
  • Federal Circuit Bar Association
  • Ohio State Bar Association
  • American Institute of Chemists
  • American Chemical Society
Education:
  • The Ohio State University (B.S., Biochemistry-Microbiology, 1980; M.B.A., Finance, 1982)
  • Case Western Reserve University J.D., 1985)
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