EDUCATION

• J.D., University of North Carolina-Chapel Hill with Honors

  • Honors Thesis: “A Comparative Look at Patentability of Computer Software in U.S., Europe, and Japan”

• B.S. in Electrical Engineering, North Carolina State University, cum laude

  • John T. Caldwell Scholarship (Full Scholarship)

BAR ADMISSIONS

• New York

• North Carolina

• U.S. Patent and Trademark Office

John R. (Rick) Witcher is a Senior Counsel at Fay Kaplun & Marcin LLP.

Rick Witcher has nearly 30 years of experience as a Registered patent attorney in both prosecution and litigation. Mr. Witcher has dedicated a majority of his practice to counseling clients on patent related issues in conjunction with procuring, licensing, and enforcing domestic and foreign patents. Prior to joining Fay, Kaplun, and Marcin, Mr. Witcher was Of Counsel and Senior Associate at other patent boutique firms. In addition, Mr. Witcher previously served as senior patent counsel at Nortel, where he handled intellectual property matters for a large corporate division. In particular, while at Nortel, Mr. Witcher drafted and reviewed a large number of patent applications relating to wireless communications, telephony, VoIP, optical networking, and Internet technologies. Mr. Witcher was responsible for building and maintaining a significant portion of the Nortel patent portfolio that included hundreds of issued patents and over 1,200 United States and foreign patent applications. This portfolio was eventually sold for $4.6 billion. Prior to his time at Nortel, Mr. Witcher worked as a patent attorney at the New York firms Kenyon & Kenyon and White & Case.

Mr. Witcher has drafted and prosecuted thousands of patent applications and has developed a familiarity and working relationship with many of the examiners in the electrical and computer art units. Mr. Witcher has expertise in a wide array of technologies, including: telecommunications systems (wireline, wireless, optical and VoIP networks); fiber optic cable systems; distributed antenna systems; base station antennas; small cell networks; peer-to-peer networks; computer hardware and software; computer networking equipment; IPTV; Internet technology and business methodologies; digital cameras; satellite control systems; storage devices; microprocessors; semiconductors; and medical devices.

Mr. Witcher's private practice experience also includes many years as a patent litigator. Mr. Witcher is experienced in all aspects of patent litigation, from pre-suit investigations and opinions through trials. He has litigated cases in diverse technologies, including telecommunications systems, satellite control systems, integrated circuit chips, storage devices, computer hardware and software, Internet technology and business methodologies, stain-resistant carpet fibers, and genetically engineered seeds. These cases have ranged in size from small companies asserting one patent to large Fortune 500 companies involved in complex multi-party, multi-patent litigations. Mr. Witcher has taken and defended numerous depositions, prepared and argued summary judgment and discovery motions, prepared and examined witnesses, negotiated settlements, and been a key part of litigation teams that were successful at both trials and Markman hearings. In addition, Mr. Witcher has drafted appellate briefs at the Federal Circuit that resulted in favorable appellate decisions for his clients. Mr. Witcher also has extensive experience in drafting infringement and validity opinions related to issued patents..

Prior to becoming a patent attorney, Mr. Witcher worked as an engineer at both Nortel Networks and Burlington Industries.