Richard   Gilly


Phone: 267.338.1307
Fax: 267.338.1335
Mailing: 1801 Market Street ,
Suite 2300 , Philadelphia , PA   19103
Linkedin: Richard Gilly

“I take great pride in helping people harness their creativity and protect their ingenuity.”

— Richard Gilly

Practice Focus

Richard Gilly is the Chair of the Patent Practice at Offit Kurman. Over the course of his career within the high-tech sector and in private practice, Mr. Gilly has counseled clients on avoiding corporate misconduct, resolving regulatory issues, and protecting intellectual property. As in-house counsel for a Fortune 100 company, he regularly negotiated the full range of agreements for research, development, supply and manufacturing, including associated intellectual property rights. He advised executives on compliance programs related to international transactions, export controls, and the FCPA. In private practice, Mr. Gilly has developed strategic intellectual property portfolios for both established and emerging businesses. He has regularly served as the lead attorney and lead patent counsel in commercial litigations involving intellectual property rights.

Mr. Gilly has represented a wide range of diverse clients, including financial transaction companies, energy and green technology enterprises, computer and electronic device makers, telecom and cable companies, biomedical device manufacturers, semiconductor equipment manufacturers, clothing and toy manufacturers, Las Vegas gaming industry clients, automotive companies, industrial equipment developers, and media and entertainment companies. His roster of representations includes well-known Fortune 100 high-technology companies. Mr. Gilly regularly advises clients on licensing, technology, and other transactions involving intellectual property, as well as the acquisition and policing of global patent and trademark portfolios.

He has written regularly on emerging legal and compliance issues, including BNA Insights White Collar Crime Report, the BNA Journal of Patents, Trademarks, and Copyrights, the Intellectual Property & Technology Law Journal, IP Law 360, and Bloomberg's IP Law Report. A frequent speaker before industry and professional organizations, he was the A. I. Mahan Lecturer at the Johns Hopkins University Applied Physics Laboratory Colloquium, speaking on "Weathering the Storm: Patents in the Cloud." In terms of global IP protection, Mr. Gilly is an active member of the Software Patent Committee for the International Federation of IP Attorneys (FICPI), where he has spoken and advised on current U.S. software patent litigation issues.

Representative Experience

  • Cias, Inc. v. Alliance Gaming, et al., S.D.N.Y. 1 :03-cv-03064-LAK-GWG (Represented Defendant)
  • Olympic Developments, v. Atlantic Broadband et al., CA No CV11 - 00612 GW (PLAX) (C.D.Cal.) (Represented one of defendant telecom service providers)
  • Bear Creek Technologies, v. RCN Corporation, et al., CA No. 2:11 cv1 03 (RBS/TEM) (E.D. Va) (Represented one of defendant telecom service providers)
  • Ceres Communications Technologies, v. 8x8, Inc., et al., CA No. 10-855- JCJ (D. Del.) (Represented one of defendant telecom service providers)
  • Ceres Communications Technologies, v. Atlantic Broadband Finance, LLC, et al., CA No. 1 :10-cv-01062-GMS (D. Del) (Represented one of defendant telecom service providers)
  • Telecheck International v. LML Payments Systems, et al., E. D. Tex. 2:05-cv-00270-DF-CMC (Represented Telecheck International, Inc.)
  • Lucent Technologies v. Gateway, Inc., et al, S.D. Cal. 3:07-cv-02000- H-CAB (Gateway, Inc.)
  • Clear With Computers, LLC v. Hyundai Motor America, Inc., E.D. Tex. 6:09-cv-00479-LED (Hyundai Motor America)
  • IMCS v. D.P. Technology, E.D. Pa. 2:02-cv-07084-RBS (Represented defendant D.P. Technology)
  • Gribetz Int'l, Inc. v. Nahmaschinenfabrik, et al., M.D. FL 8:99-cv-01 01 9-JDW (Defendant)
  • Precision Medical v. Genstar Technologies, et al., E.D. Pa. 5:1 0-cv-051 61-BMS (Represented patent owner Precision Medical, Inc.)

Published Works, Lectures & Publications

  • Bloomberg BNA White Collar Crime Report, "Big or Small, Targets One and All: Anti-Money Laundering Exposure for Companies and Individuals" March, 2016.
  • Commil USA, LLC v. Cisco Systems, Inc. Further Clarifies the Requisite Intent for Induced Infringement after Global-Tech (Jun. 3, 2015).
  • The Name of the Game Remains the Claim (Jun. 23, 2014).
  • Fresenius v. Baxter: The Importance of Timing in Patent Litigation (Oct. 15, 2013).
  • The International Trade Commission: Easier Injunctive Relief-Except for Standard-Essential Patent Holders (Sep. 17, 2013).
  • Obama Administration and Congress Taking Aim at Patent Enforcement Tactics (Aug. 9, 2013).
  • Corporate Counsel, Author, "In-House Lessons on Standard-Essential Patents from the Smartphone Battles," December 2012.
  • Medical Device Manufacturers Association, Speaker, "After the Dust has Settled: AIA's PGR Proceeding & What it Means for Medical Device Manufacturers," October 2012.
  • Johns Hopkins University, Applied Physics Lab Colloquium Series, Speaker, "Weathering the Storm: Patents in the Cloud," January 2012.
  • BNA J of Patents, Trademarks, and Copyrights, Co-Author, "Patent Issues In the Cloud," November 2011.
  • Intellectual Property & Technology Law Journal, Co-Author, "Supreme Court's Quanta Decision Clarifies the Reach of Patent Exhaustion," September 2008.
  • Bloomberg IP Law Report, Author, "Supreme Court Rules That Authorized Sales by Licensee Exhaust Method Patents," August 2008.
  • Eastern Technology Times, Author, "Supreme Court Rekindles Debate Over Proper Scope of Patents," April 2007.
  • Eastern Technology Times, Co-Author, "Buy It Now, But As for Later?," December 2005.
  • The Metropolitan Corporate Counsel, Author, "Federal Anti-Spam Act Imposes Uniform Requirements On Commercial E- mails," February 2004.

Awards and Recognition

  • Super Lawyers Magazine 2013-2017, Listed in Washington, D.C. for Intellectual Property
  • Super Lawyers Magazine 2013, Listed in Washington, D.C. as a "Rising Star" for Intellectual Property

Professional Memberships & Activities

  • International Federation of IP Attorneys (FICPI), Software Patent Committee
  • Pennsylvania Bio
  • American Bar Association, Sections of Business Law, Intellectual Property Law

Education & Admissions

  • J.D., Harvard Law School, 1987
  • B.S., Yale University, 1983; magna cum laude
  • District of Columbia
  • New York
  • Pennsylvania
  • U.S. Patent and Trademark Office


  • American Bar Association, member of Business Law Section and Intellectual Property Section
  • International Federation of IP Attorneys, Software Patent Committee, Member, 2007-Present
  • French-American Chamber of Commerce, Member, 1998-2005
  • Intellectual Property Owners Association, Standards Committee, Member, 2005-2008
  • AdvaMed, Associate Member, 2005-2008
  • International Visitors Council, Board Member, 2004-2007
  • Medical Device Manufacturers Association, Member


"Patent Litigation Update: IPRs, Forum Choices, and Motions to Stay"

Inter partes reviews (IPRs) are administrative proceedings before the U.S Patent & Trademark Office.  These proceedings are available to accused…

"Federal Circuit Cases Clarify What Makes a Valid Software Patent"

Rich Gilly Featured in the Legal Intelligencer As Published In The Legal Intelligencer By Rich Gilly, The Legal Intelligencer Several…

"New Light On The Horizon For Software Patent Portfolios?"

Last week, in McRO, Inc. v. Bandai Namco Games America, (slip op. 15-1080) the Federal Circuit reversed a district court’s…