Rudolph A. Telscher
Professional Experience
For over 20 years, Mr. Telscher has litigated 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 over 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.
Education
J.D., with high distinction, University of IowaB.S. in Electrical Engineering, with honors, University of Missouri
- CBC Distribution v. Major League Baseball: First chair representation of CBC. On First Amendment grounds, 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. Read More>
- CBS v. National Football League Players Association: First chair representation of CBS. On First Amendment grounds, successfully defeated the NFL’s allegations that the use of player images and names in fantasy football games violated player rights of publicity. Read More>
- Litecubes v. Glow Products: First chair 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 20 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. Read More>
- Synergetics v. Hurst & McGowan: First chair 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 in 2007. Read More>
- Hunter Engineering v. Snap-On: First chair representation of Hunter in patent arbitration regarding Hunter’s revolutionary balancer technology. Following a week-long trial, the arbitrator awarded Hunter seven figure compensation, and further ordered Snap-On to pay attorneys’ fees and all arbitration costs. Read More>
- Digit Wireless v. Texas Instruments: First chair 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.
- Dodge Regupol v. RB Rubber: First chair 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. RB Rubber’s motion for attorneys’ fees and costs and a finding of inequitable conduct is pending. Read More>
- Graphics House v. Bead Pens International: First chair 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. Read More>
- Discus Dental, LLC v. Triumph Pharmaceuticals Inc.: First chair representation of Triumph. Obtained partial grant of summary judgment in a false advertising case regarding claims that its mouthwash prevented bad breath 12 times longer than any other mouthwash. The favorable ruling gave Triumph a significant advantage in the litigation, resulting in a favorable settlement shortly after the ruling.
- Iridex v. Synergetics: First chair 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. Read More>
- Triumph Pharmaceuticals v. Oxyfresh Worldwide: First chair 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.
- Young Dental v. Q3 Products: First chair 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. Read More>
- Hawthorne Education Services v. Dr. Ronald Friedman: First chair representation of Hawthorne. Following a two week-long 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). Read More>
- Husky v. Catlow: First chair 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 Mr. Telscher persuaded the court to not enter a permanent injunction. Read More>
Speaking Engagements
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, 2001
- The 1st Amendment in the Strange New World of Entertainment and Information, Panel at the New York City Bar, October 2007, New York, NY, nationally broadcast on C-SPAN
- Litigating a Patent Infringement Case, National Business Institute, March 2008, St. Louis, MO
- IP Protection for Player Names & Statistics, 35th Annual Sports Lawyers Conference, May 2009, Chicago, IL
- Ways to Manage IP Costs–Patent Prosecution and Litigation, June 2009, St. Louis, MO
- Rights of Publicity–Fantasy Baseball Case, Bar Association of Metropolitan St. Louis, September 2009, St. Louis, MO
- Sports Law Symposium, Santa Clara University School of Law, September 2010, Santa Clara, CA
In the News
Rudolph A. Telscher
PrincipalSt. Louis Metro Office
(314) 726-7515
rtelscher@hdp.com
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Bar & Court Admissions
IllinoisMissouri
U.S. Supreme Court
U.S. Court of Appeals for the Federal Circuit
U.S. Court of Appeals for the Fifth Circuit
U.S. Court of Appeals for the Sixth Circuit
U.S. Court of Appeals Eighth Circuit
U.S. Patent and Trademark Office