J. Rick Witcher, III - Attorney
Rick Witcher is a registered patent attorney whose practice is focused on patents, and related licensing and litigation. Mr. Witcher has over 17 years of experience as a patent attorney in both prosecution and litigation.
He dedicates a majority of his practice counseling clients on patent related issues in conjunction with procuring, licensing, and enforcing domestic and foreign patents pertaining to telecommunication, electronic, software, and information technologies. Prior to joining Withrow & Terranova, Mr. Witcher was senior patent counsel at Nortel, where he handled intellectual property matters for the Wireline (Carrier) division. In that position, he had a heavy emphasis on building and maintaining a patent portfolio that included hundreds of issued patents and over 1200 United States and foreign patent applications, but also handled a variety of other intellectual property matters. In particular, while at Nortel, Mr. Witcher drafted and reviewed a large number of patent applications relating to wireless (including 3G. 4G, and LTE), telephony, VoIP, optical networking, and Internet technologies.
Before Nortel, Mr. Witcher worked as a patent attorney in private firms in New York and North Carolina, including Kenyon & Kenyon and White & Case. Mr. Witcher has drafted a large number of patent applications and prosecuted thousands of patent applications over the years, resulting in the issuance of hundreds of patents. Through these years of patent prosecution, Mr. Witcher 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; systems for organizing, recommending, and distributing digital content and media; peer-to-peer networks; computer hardware and software; computer networking equipment; IPTV; Internet technology and business methodologies; digital cameras; satellite control systems; storage devices; medical devices; and integrated circuit chips, including microprocessors and semiconductors.
Prior to becoming a patent attorney, Mr. Witcher worked as an engineer at both Nortel Networks and Burlington Industries.
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 of issued patents. In private practice, Mr. Witcher also prepared and prosecuted patent applications in a wide range of technology areas, although he has specialized knowledge in the telecommunication and microprocessor/chip areas. In particular, has prepared and prosecuted applications
Mr. Witcher is licensed to practice in New York and North Carolina, before the United States Patent and Trademark Office, and before various federal district and appellate courts.
