Lawyers / Professionals

 
Brian C. Riopelle       
Partner
One James Center
901 East Cary Street
Richmond, Virginia 23219-4030
T: 804.775.1084
F: 804.698.2150
briopelle@mcguirewoods.com
 

Mr. Riopelle is an intellectual property litigator and chairman of the firm's IP Litigation/Patents Department. He has extensive experience in patent, trademark, trade dress, unfair competition, copyright, dilution, and trade secret litigation. He also has experience in securities fraud, contract and antitrust litigation.

He has litigated patent and other intellectual property cases across the country, and has considerable experience in the Eastern District of Virginia, commonly known as the "Rocket Docket," a favorite venue for intellectual property litigants. Most recently, he was one of the lead trial lawyers in Verizon's patent infringement case against Vonage. In that case, the jury awarded Verizon $58 million, and the court entered an injunction against Vonage. After appeal, the case settled with a $120 million payment to Verizon.

Mr. Riopelle also served as co-counsel for Infineon Technologies in its much publicized case against Rambus, Inc. In addition, he has argued a case of first impression concerning retroactive application of the federal Antidilution Act, numerous preliminary injunction motions, and motions resulting in an award of attorneys' fees to his clients. He has also represented various types of manufacturers and service providers in patent infringement cases, and retailers in trademark infringement and unfair competition cases.

He has been listed in Chambers USA as one of America's Leading Lawyers for intellectual property since 2004. In that publication, he has been described by clients as a "top-notch litigator" and as a lawyer who "can find a solution when others cannot." One competitor stated that "his clients are big fans."

In addition, he is listed in Best Lawyers in America, in which another client stated, "Brian's commitment to understanding our company and the business environment in which we operate, his commitment to client service, his ability to communicate nuanced and highly technical information, and his approach to our engagement as a "partnership," have made him one of our company's most trusted advisors."

Before starting his career in law, Mr. Riopelle spent an internship performing research in immunology, and was also a supervisor in the datacenter for a major Wall Street investment bank.


Representative Matters
  • Verizon Services Corp. et al. v. Vonage Holdings Corp., et al. (Voice over Internet Protocol)
  • American Manufacturing Company v. Lighthouse Treatment Systems, et al. (patent - wastewater treatment systems)
  • Rambus, Inc. v. Infineon Technologies AG (patent - SDRAM and DDR-SDRAM computer memory)
  • Samsung Electronics Co., Ltd. v. Rambus, Inc. (patent - SDRAM and DDR-SDRAM computer memory)
  • Caterpillar Inc. v. International Truck and Engine Corp. et al. (patent - diesel fuel injectors)
  • Digital Choice of Texas LLC v. Circuit City Stores, Inc. et al. (patent - DVD technology)
  • Applied Medical Resources Corp. v. Core Dynamics, Inc. (patent - medical instruments)
  • RF Delaware, Inc. v. Infilco Degremont, Inc. (patent - industrial water and wastewater treatment systems)
  • Hooker Furniture Corp. v. Riverside Furniture Corp. (patent - furniture)
  • Andreas Stihl AG & Co. v. Ackto, Inc. (patent - chain saw technology)
  • Ashworth Brothers, Inc. v. Lawrence Equipment Sales, Inc. (patent - conveyor belt technology)
  • Circuit City Stores, Inc., et al. v. OfficeMax, Inc. (trademark)
  • Thomas Jefferson Memorial Foundation, Inc. v. Thomas Jefferson Foundation, Inc. (trademark)
  • Empire Beverage Group v. Arcadia Dairy Farms, Inc. (trade dress)
  • Lexington Furniture Indus., Inc. v. Vaughan-Bassett Furniture Co. (trade dress)
  • Owens & Minor Distribution, Inc. v. Innerspace Corp. (trade secret)
  • Actuarial Consulting Group v. The Manufacturers Life Insurance Co. (trade secret)
  • Dauphine Mirror Company v. Bassett Mirror Co., Inc. (copyright)

Practices & Industries
Firm Management
  • Chair, IP Litigation/Patents Department
  • Technology Oversight Committee

Honors
  • Named One of the "Best Lawyers in America," Woodward/White, Inc., 2006-2010
  • Named One of America's "Leading Lawyers," Chambers USA, 2004-2009
  • Named a Virginia "Super Lawyer," Law & Politics, 2006-2009
  • Named One of Virginia's "Legal Elite," Intellectual Property Law, Virginia Business, 2009, 2010
  • Fellow, Litigation Counsel of America, Trial Lawyer Honorary Society
  • AV Rated, Martindale-Hubbell

Previous Experience
  • Associate, Latham & Watkins, 1990-1993
  • Law Clerk, the Hon. Stephen V. Wilson, U.S. District Court, Central District of California, 1989-1990

Articles
Classes Taught
  • Adjunct Professor of Law, T.C. Williams School of Law, University of Richmond, 1994-1998

Speaking Engagements
  • "Pretrial Matters and Trial Preparation" in The Rocket Docket 2006: Trying Cases in the Eastern District of Virginia (Virginia CLE, Scheduled for December 2008)
  • "Intellectual Property Damages," in The Law of Damages in Virginia, Virginia CLE, 2008
  • "What To Do When You Get The Letter: Tips From Experienced Intellectual Property Litigators on What to Do When Your Client is Accused of Trademark Infringement or Trade Secret Misappropriation," Virginia Bar Association 118th Annual Meeting, January 2008
  • "Pretrial Matters and Trial Preparation" in The Rocket Docket 2006: Trying Cases in the Eastern District of Virginia (Virginia CLE, December 2006)
  • "Litigating in the Rocket Docket," Richmond Bar Association, October 2006
  • "Best Practices for Using Focus Groups and Mock Juries When Litigating Your Patent Case," Marcus Evans, Preventing and Defending Patent Litigation Conference, Washington, DC, June 21-23, 2006
  • "Direct and Cross-Examination of a Damage Expert in Patent Litigation," in Patent Litigation 2002, Practicing Law Institute, 2002
  • "Unraveling the Festo Decision - What It Means for Patent Prosecutors and Litigators," in Surveying The Legal Landscape: Current Issues In Your Intellectual Property Practice (Virginia State Bar Intellectual Property Law Section 2002)
  • "Intellectual Property Damages," in The Law of Damages in Virginia, Virginia CLE, 2002
  • "Effective Use and Management of Documents in Complex Litigation," Richmond Bar Association, 2002
  • "An Overview of Intellectual Property Litigation," Intellectual Property Law Conference 2002

Professional Affiliations
  • Chair, Richmond Bar Association Continuing Legal Education Committee, 2001-2002
  • Virginia State Bar Corporate Counsel Task Force, 2000-2002
  • Richmond Bar Association Finance Committee, 2004-2006
  • Richmond Bar Association Administration of Justice Committee, 2006-2007
  • AIPLA, IPO, INTA, ABA
 

EDUCATION

University of Virginia School of Law, Charlottesville, Virginia, J.D., 1989

Yale University, New Haven, Connecticut, B.A., cum laude, 1984

 
 

ADMITTED

Virginia 1993

California 1989

 

PLACE OF BIRTH

Brockville, Ontario, Canada