About Ray Van Dyke

Mr. Van Dyke has over twenty years of experience representing technology companies in diverse fields of intellectual property law, and his extensive technical background in computer software, digital rights, and other information-based technologies is coupled with considerable skill in the life sciences, biotechnology, chemical, and other arts, offering a rare combination and insight, particularly regarding emerging and increasingly converging technological disciplines, such as proteomics and nanotechnology.

When in graduate school and while working in the software industry, his research and project teams focused on a variety of software applications and techniques, including protein and molecular visualization and modeling, computational optimization, graphics, simulators, and virtual reality for pharmacological and biochemical research with real-time haptic interface with a robotic force-feedback arm (now called a nanomanipulator); modeling and analysis of steric forces in protein deformations; designing relational databases for complex proteins from X-ray crystallography data; designing enhancement to UNIX C-Shell; image processing; 3-D texturing; and modeling semiconductor chip architecture and performance.

In his practice, he has brought this cross-disciplinary and team-based approach in servicing his clients' needs in technology law, intellectual property, and related trade-based issues.

Mr. Van Dyke is an adjunct professor at American University, Washington College of Law, where he teaches comparative international intellectual property law. He is also an adjunct professor at Southern Methodist University, where he teaches classes covering the history of technology and law, intellectual property law, and technology law.

Selected areas of significant experience include:

• Strategic technology and intellectual property counseling
• Intellectual property litigation, mediation, and dispute resolution in patent, trademark, unfair competition, copyright, antitrust, and trade secret causes; infringement, validity, freedom to operate, right to use, reissue, reexamination, and other patent and trademark opinion work
• Enforcement and litigation of intellectual property rights in the U.S. International Trade Commission and U.S. Customs; preparation of clients for hearings on intellectual property rights before the Federal Trade Commission; and advocacy of intellectual property and regulatory positions before senators and representatives
• Application of patent protection to computer software and hardware, Internet, telecommunications, mobile telephony, gaming, and other information-based technologies, including financial services, e-commerce, online trading, encryption, data mining, Internet, methods of doing business, domestic and foreign, and protection of new media and digital rights
• Application of patent protection to medical, pharmaceutical, dental, food science, chemical, biomedical, and biotechnological arts, including medical imaging devices and methodologies, bioinformatics, proteomics, and nanotechnology
• Licensing, patent and trademark portfolio maintenance, digital rights management, trademark prosecution and clearance, domain names, IP audits, and due diligence for technology transfers, mergers, acquisitions, and joint ventures

Representative Litigation

• Ethos Technologies, Inc., v. RealNetworks, Inc. (2002) D.Mass. (co-lead counsel representing plaintiff in patent infringement action concerning Internet technology)
• In the Matter of Certain Personal Watercraft and Components Thereof (2001) US ITC Investigation No. 337-TA-452 (represented respondent concerning alleged infringement of eleven patents; favorable settlement after trial)
• Meredith Corp. v. City Home, Inc. (2000) UDRP Case No. 2000-0223 (successful defense of domain name against transference)
• Phonetel Communications, Inc., v. Cybiotronics Ltd. and Sprint Communications Company, L.P. (2000) N.D.Tex (co-lead counsel, represented defendant in patent infringement action concerning several dozen patents and products of telephony equipment; favorable settlement)
• EMKG v. Bisco, Inc., and Bisco Dental Products Co., Inc. (1998) N.D.Ill (lead counsel representing plaintiff in patent infringement action concerning dental composite materials; favorable settlement)
• SpectraGraphics Corp. v. Grumman Systems Support, et al. (1997) Dallas County, Texas (defended Grumman and several employees against civil and criminal allegations of trade secret misappropriation; favorable settlement)
• Participation in many additional patent, trademark, copyright, and trade secret litigations and mediations and in a variety of technologies, including biotechnology, pharmaceutical, food science, catalysts, diapers, and software.

Admissions

Mr. Van Dyke is admitted to practice in New York, New Jersey, Texas, and the District of Columbia, and before the United States Supreme Court, the United States Courts of Appeal for the Federal, Third, and Fifth Circuits, the United States District Courts for the Southern and Eastern Districts of New York, the District of New Jersey, and the Northern District of Texas, the Court of International Trade, and the Federal Court of Claims. He is also a registered patent attorney admitted to practice before the United States Patent and Trademark Office.

Affiliations

• American, Federal, Federal Circuit, Washington, DC, New York, Texas and Dallas Bar Associations, Member
• American, New York, New Jersey, and Dallas/Fort Worth Intellectual Property Law Associations, Member
• American Intellectual Property Law Association, Chair, Latin America Committee; Member, Professional Programs Committee; and Subcommittee Chair, Biotechnology Committee, Public Policy (liaison with BIO)
• Federal Circuit Bar Association, Amicus Committee
• Intellectual Property Owners, Member, Inventor of the Year Committee and Nanotechnology Committee
• Biotechnology Industry Organization, Member and Sponsor; Federal Relations, Sponsoring, and Intellectual Property Committees
• Institute of Nanotechnology, Associate Member
• International Trade Commission Trial Lawyer’s Association, Member
• Licensing Executives Society, Member and former Chapter President
• Computer Law Association, Planning Advisory Committee
• International Trademark Association, Washington International Trade Association, International Intellectual Property Society, German-American Law Association, Optics Society, Association for Computing Machinery, IEEE, and IEEE Computer Society