Rudolph A. Telscher
Mr. Telscher has litigated for more than 20 years a wide array of intellectual property disputes in district and appellate courts throughout the United States. His cases have included disputes over patents, trade secrets, trademarks, copyrights, Internet rights, rights of publicity, First Amendment issues and matters involving antitrust.
Mr. Telscher and his litigation teams have not lost a trial, arbitration, or other case-dispositive motion in more than a decade. During this same period and for each case not settled following decision, Mr. Telscher and his team have been affirmed on appeal. He is also a certified mediator and has substantial experience mediating and arbitrating IP disputes. Prior to law school, he worked as an engineer for a leading defense contractor, applying his skills in the areas of avionics systems engineering and software development.
EducationJ.D., with high distinction, University of Iowa
B.S. in Electrical Engineering, with honors, University of Missouri
- CBC Distribution v. Major League Baseball: Lead counsel representation of CBC. On First Amendment grounds, CBC defeated Major League Baseball’s claim that the use of player names and statistics in fantasy baseball games violated player rights of publicity. The fantasy industry was estimated to be worth 1.5 billion annually at the time of the litigation. The case ended with the Supreme Court denying certiorari.
- CBS v. National Football League Players Association: Lead counsel representation of CBS. On First Amendment grounds, CBS defeated the NFL’s allegations that the use of player images and names in fantasy football games violated player rights of publicity.
- Litecubes v. Glow Products: Lead counsel representation of Litecubes. Obtained a jury verdict of willful patent and copyright infringement in favor of Litecubes, which was upheld on appeal at the Federal Circuit, and deemed a Top 10 appellate decision of 2008. The case involved the “Litecube” product, as featured on Good Morning America, The Jay Leno Show, The American Music Awards, and CSI Miami.
- Synergetics v. Hurst & McGowan: Lead counsel representation of Synergetics in a trade secrets case involving laser products used in vitreoretinal eye surgery. Obtained a jury verdict awarding the maximum damage request of $1,700,000 in actual damages and $600,000 in punitives. Verdict was upheld on appeal.
- Hunter Engineering v. Snap-On: Lead counsel representation of Hunter in patent arbitration regarding Hunter’s revolutionary wheel balancer technology. Following a week-long trial, the arbitrator awarded Hunter seven-figure compensation based on an above industry average 7% royalty rate, and further ordered Snap-On to pay attorneys’ fees and all arbitration costs.
- Graphics House v. Bead Pens International: Lead counsel representation of Graphics House in a dispute over inventorship of a patent. Obtained jury verdict that Graphics House was the sole inventor, finding that Bead Pens infringed the patent, and awarding damages for past infringement and a permanent injunction entered.
- Gibson Guitar Corp. v. ‘745, LLC: Lead counsel representation of ‘745. Defended ‘745 against patent infringement allegedly brought by Gibson Guitar regarding a virtual music reality system. After a two-day Markman hearing, ‘745 secured a claim construction ruling construing four terms in ‘745’s favor. Gibson filed a dismissal with prejudice following the ruling. The technology of the patent involved a virtual music reality system. Gibson contended that ‘745’s music video game product infringed seven claims of U.S. Patent No. 5,990,405. The claim terms in dispute involved digital and analog processing of musical signals.
- Propex Operating Company, LLC v. Western Excelsior Corporation: Lead counsel representation of Western Excelsior. Propex sued Western Excelsior for infringement of U.S. Patent Nos. 5,567,087 and 5,616,399 for trade dress infringement of the product appearances. The patented technology involved soil erosion fabrics, their chemical composition, and methods of manufacture. Propex sought a preliminary injunction. Harness Dickey successfully represented Western Excelsior, defeating their Motion for Preliminary Injunction. Following the Markman hearing, Western Excelsior prevailed on all three claim terms in dispute. Propex dismissed its lawsuit with prejudice.
- Icon v. Octane: Lead counsel representation of Octane. In this patent infringement case involving elliptical machines, Harness Dickey successfully defended Octane Fitness LLC (“Octane”), obtaining a favorable claim construction ruling on multiple claim terms in dispute. Harness Dickey then moved for summary judgment, which the Court granted, finding no literal infringement and no infringement under the doctrine of equivalents. Icon appealed the claim construction and summary judgment ruling to the Federal Circuit. The Federal Circuit affirmed the District Court’s ruling in favor of Octane.
- Digit Wireless v. Texas Instruments: Lead counsel representation of Digit Wireless in a patent case involving keyboard technology for wireless telephones and other handheld electronics. Mr. Telscher successfully asserted the patents and obtained a favorable damage amount for his client in a confidential settlement agreement.
- Bank of America v. Nations Mortgage: Lead counsel representation of Nations Mortgage. Bank of America sued Nations Mortgage for trademark infringement of its Legacy Nations Bank trademark, including color schemes of the mark. Harness Dickey assisted Nations Mortgage in developing an abandonment defense that had implications for the Nation’s Bank mark, as well as several of the legacy marks. Following a two-day preliminary injunction hearing in which the abandonment theories were thoroughly presented to the Court, Bank of America agreed to pay Nations Mortgage a confidential settlement amount to resolve the dispute, despite Nations Mortgage having no claims against Bank of America.
- Galtronics v. Laird; Laird v. Galtronics: Lead counsel representation of Galtronics. Harness Dickey successfully defended Laird against patent infringement and trade secret allegations brought by Galtronics relating to antenna technology for cell phones. In response to the suit, Harness Dickey assisted Laird in identifying patents for a countersuit. Laird filed a countersuit. Within months of Galtronics filing suit, Laird developed defenses leading to Galtronics filing a covenant not to sue and dismissal of all claims with prejudice against Laird. Laird later settled its lawsuit with Galtronics for a confidential settlement amount.
- Snap-On v. Hunter Engineering: Lead counsel representation of Hunter Engineering. Under an arbitration agreement, Snap-On initiated arbitration claims against Hunter for infringement of U.S. Patent No. 7,953,247. Harness Dickey assisted Hunter in developing defenses to the allegations. Following a day-long meeting between the parties, Snap-On withdrew its allegations, with preclusive effect of asserting the patent against Hunter in the future.
- Dodge Regupol v. RB Rubber: Lead counsel representation of RB Rubber. Prevailed in the Markman hearing, clearing the client's flooring products of infringement. Further discovery revealed a strong case for inequitable conduct, causing the plaintiff to file a covenant not to sue and motion to dismiss its case.
- Triumph Pharmaceuticals v. Oxyfresh Worldwide: Lead counsel representation of Triumph against accusations of infringement of two patents relating to chemical formulations for a mouthwash. Harness Dickey filed four motions for summary judgment relating to non-infringement and invalidity contentions. The Court granted summary judgment in Triumph’s favor on all four motions, finding non-infringement of both patents and holding that both were invalid under 35 U.S.C. §§ 102 and 103.
- Iridex v. Synergetics: Lead counsel representation of Synergetics against allegations of patent infringement relating to laser probes. Based on prior art uncovered by the litigation team, Mr. Telscher helped his client design a non-infringing product and obtained a summary judgment ruling clearing the new product. The case settled in light of the new design and prior art found by Harness Dickey.
- Young Dental v. Q3 Products: Lead counsel representation of Q3 Products in a defense against a trade secret theft claim and patent infringement claims regarding two patents covering a dental tool. After a two-week trial, the jury found that Q3’s product did not infringe either patent, that both patents were invalid under 35 U.S.C. §§ 103 and 112, and found no trade secret theft. Affirmed on appeal by the Federal Circuit.
- Hawthorne Education Services v. Dr. Ronald Friedman: Lead counsel representation of Hawthorne. Following a two-week jury trial in a copyright infringement case, Mr. Telscher obtained a $1,500,000 verdict that was upheld on appeal by the Sixth Circuit. A notable accomplishment in this case was that defendant had sold only 600 counterfeit copies of Hawthorne’s copyrighted book, at an average price of $20 per book ($12,000 in total sales), yet we obtained a much larger verdict.
- Husky v. Catlow: Lead counsel representation of Catlow in a patent infringement lawsuit involving gasoline nozzles. After two years of discovery and a week-long trial, the jury awarded only nominal damages ($10,000) and we persuaded the court to not enter a permanent injunction.
Honors & Distinctions
- U.S. News and World Report, Best Lawyers in America, Intellectual Property Litigation-2011, 2012, 2013
- Lexology Client Choice Awards, Missouri, Intellectual Property: Patents-2013
- Missouri Super Lawyers, Intellectual Property Litigation-2011, 2012
- 2008 Missouri Lawyer of the Year Finalist in connection with representation in the fantasy sports case against MLB and the NFL
Mr. Telscher is frequently invited to speak on the topic of IP litigation strategy and tactics. The following are examples of his recent and upcoming engagements:
- Opening Arguments in Patent Litigation, St. Louis, MO
- The 1st Amendment in the Strange New World of Entertainment and Information, Panel at the New York City Bar, New York, NY, nationally broadcast on C-SPAN
- Litigating a Patent Infringement Case, National Business Institute, St. Louis, MO
- IP Protection for Player Names & Statistics, 35th Annual Sports Lawyers Conference, Chicago, IL
- Ways to Manage IP Costs–Patent Prosecution and Litigation, St. Louis, MO
- Rights of Publicity–Fantasy Baseball Case, Bar Association of Metropolitan St. Louis, St. Louis, MO
- Sports Law Symposium, Santa Clara University School of Law, September 2010, Santa Clara, CA
In the News
Rudolph A. TelscherPrincipal
St. Louis Metro Office
U.S. Supreme Court
U.S. Court of Appeals for the Federal Circuit
U.S. Patent and Trademark Office
International Trade Commission