add items to your
binder to email or
print all at once
Items In Binder
Site Lawyers
 

Richard J. Stark

Partner, Litigation

Richard J. Stark is a partner in Cravath’s Litigation Department. Recognized as a leading litigator in complex business litigation, Mr. Stark has represented clients across a range of industries, including banking, technology and life sciences. Spanning more than two decades, his broad practice and expertise encompasses multifaceted and multijurisdictional litigations and arbitrations involving securities, contracts, business torts, intellectual property, antitrust and other matters.

Complex Business and Securities Litigation

Mr. Stark is currently representing Qualcomm Incorporated in a number of U.S. and international matters, including an action filed by Apple in California federal court. Apple’s claims include (i) alleged breach of contract; (ii) alleged violations of Section 2 of the Sherman Act and the California Unfair Competition Law relating to Qualcomm’s patent licensing and modem chipset businesses; and (iii) various claims for declaratory relief, including declarations that certain Qualcomm patents are not infringed by Apple’s products.

Mr. Stark represented Credit Suisse in defense of a number of actions relating to residential mortgage‑backed securities nationwide. Over his career, Mr. Stark has successfully defended numerous clients in securities class actions in a range of industries, including banking and finance, technology, pharmaceuticals and fashion.

In federal district court in Austin, Texas, Mr. Stark represented IBM against Neon Enterprise Software, in a case involving antitrust, licensing, business torts and copyright claims. IBM won a permanent injunction against Neon’s zPrime software and dismissal of all of Neon’s claims.

In New York state court, Mr. Stark won a jury verdict for the City of New York in a case involving constitutional claims arising from a real property dispute.

Since 2011, Lawdragon has consistently named Mr. Stark as one of the “500 Leading Lawyers in America.” Likewise Super Lawyers has recognized Mr. Stark for his achievements in business litigation. Mr. Stark is frequently asked to speak on issues involving complex business litigation, talks that include an invited presentation on private securities litigation hosted by the China Securities Regulatory Commission in Shenzen, People’s Republic of China.

Intellectual Property/Patents

For more than 20 years, Mr. Stark has litigated patent infringement cases in areas including pharmaceuticals and biotechnology, software and computer systems, microelectronics, automotive engines and chemical processes. Mr. Stark is a registered patent attorney.

In the life sciences sector, Mr. Stark represented Mylan in litigation related to glatiramer acetate, the active ingredient in Copaxone®. He served as co‑lead counsel for plaintiff Sanofi in the enforcement of the patent on the active ingredient in Plavix®, securing a final judgment of $442 million and a permanent injunction.

In the digital sector, Mr. Stark has litigated patent infringement claims relating to telecommunications, and computer software and hardware. He is currently advising Qualcomm in connection with patent infringement and competition litigations in China against Meizu. His other cases have included Data General v. IBM, Broadcom v. Qualcomm, Nokia v. Qualcomm and Xerox v. Google and Yahoo!. With a graduate degree in Computer Science, Mr. Stark brings deep technical background and expertise to his work in this area. Beyond patents, Mr. Stark has also represented clients in copyright, trademarks and trade secret matters.

In 2018, Mr. Stark was ranked as a leading patent litigator by IAM Patent 1000. The Legal 500 has also recognized him for his work in patent litigation and in the life sciences sector. He and his colleagues earned the Firm distinction as “Law Firm of the Year” in intellectual property litigation in the U.S. News & World Report-Best Lawyers 2011-2012 survey of the best law firms in the United States. The publication also ranked Cravath in the highest tier for patent litigation and intellectual property litigation from 2011 through 2018.

Mr. Stark’s publications and talks in the area of intellectual property law include “Debunking the Smallest Salable Unit Theory”, CPI Antitrust Chronicle (July 2015); “The Royalty Stacking Supposition”, CPI Antitrust Chronicle (March 2015); “Managing Fallout from ‘Bilski,’ ‘Mayo’ and ‘Alice’”, New York Law Journal (January 2015); “Multijurisdictional Patent Litigation” (AIPLA Spring Meeting, May 2012); “Biotech & Related Issues including Prometheus” (20th Annual Fordham Intellectual Property Law & Policy Conference, April 2012); “Induced Infringement Based on Filing an ANDA: It’s All in the Label”, Patent, Trademark & Copyright Journal (BNA 2011); “Inducement of Patent Infringement: The Intent Standard and Circumstantial Evidence of Intent” (Aspatore 2011); “Biologics Legislation in the 111th Congress”, Law360 (May 2009); and “New Biologic Medicines Legislation”, Corporate Board Member (April 2009). Mr. Stark serves as Chair of the Committee on Intersection of IP and Antitrust Law of the ABA Section of Intellectual Property Law. He has also served as Co‑Chair of the 101 Subcommittee of the ABA IP Law Section’s Patent Litigation Committee.

Antitrust

Mr. Stark has represented clients in a variety of antitrust litigations and investigations involving alleged anticompetitive business practices, patents and standard setting organizations.

Mr. Stark defended IBM in an antitrust case brought in federal court in Florida, winning dismissal of all claims.

In four antitrust actions brought in federal court in Ohio, Mr. Stark represented Bristol‑Myers Squibb and Sanofi, again winning dismissal of all claims.

In addition, Mr. Stark has represented clients in investigations by the FTC, DOJ, state attorneys general and the EU’s Directorate‑General for Competition.

Mr. Stark is Chair of the Antitrust Law Committee of the American Intellectual Property Law Association (AIPLA) and previously served as Chair of its sub‑committee on standard setting organizations. He is also a co‑author of the ABA’s Intellectual Property and Antitrust Handbook (Second Edition), and author of “Rambus and beyond: significant developments in patents and standards setting,” Bloomberg Intellectual Property Symposium 2006 (Nov. 2006).

Arbitration

In international arbitration, Mr. Stark recently won a complete victory on all issues for a technology company in a license dispute. Domestically, he secured a favorable resolution for a life sciences client after a full hearing on the merits.

On behalf of leading technology, life sciences and banking clients, Mr. Stark has handled arbitrations concerning securities, contracts, false advertising and international treaties.

Mr. Stark is admitted to practice before the U.S. Supreme Court, the Federal Circuit, the D.C. Circuit, the Second, Third and Seventh Circuits, the Southern and Eastern Districts of New York, the District of Columbia (among other jurisdictions).

Born in New York, Mr. Stark received an A.B. from Harvard College in 1986, with a dual concentration in Government and Computer Science; a J.D. from New York University School of Law in 1991; and an M.S. in Computer Science from the Columbia University School of Engineering and Applied Science in 2014. Mr. Stark joined Cravath in 1991 and became a partner in 1999.

Mr. Stark is a member of the International Bar Association.

Mr. Stark may be reached by phone at +1‑212‑474‑1564 or by email at rstark@cravath.com.

Mr. Stark is admitted only in New York and Connecticut.

Contact
+1 (212) 474-1564
+1 (212) 474-3700