People

Richard W. O'Neill

Partner

O'Neill, Richard W.

Richard "Chip" O'Neill is a partner in the firm's Litigation/Controversy Department, and a member of the Intellectual Property Litigation and Appellate and Supreme Court Litigation Practice Groups. He joined the firm in 1997. Mr. O'Neill's practice focuses on complex commercial litigation and appellate matters, with an emphasis on intellectual property matters.

Practice

Mr. O'Neill has represented clients in patent disputes involving the diverse technologies of integrated circuits, digital cameras, wireless communications, semiconductor processing, disk drives, digital signal processors, hearing aids, data storage systems, handwriting recognition, television interactive program guides, lasers and the mineral fortification of beverages. He has also assisted several companies seeking to protect their trademark rights, including cases involving claims of trademark infringement, dilution and cybersquatting. His practice has covered all facets of litigation, including discovery, settlement, alternative dispute resolution, trials and appeals.

Mr. O'Neill is admitted to practice in the Commonwealth of Massachusetts and before the United States District Court, District of Massachusetts; the United States Court of Appeals for the First Circuit; and the United States Court of Appeals for the Federal Circuit.

Honors & Awards

Mr. O'Neill was named a "Massachusetts Super Lawyers' Rising Star in the May 2006, 2007 and 2008 issues of Boston Magazine.

Publications & News

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November 9, 2017

Real Parties-in-Interest Discovery in Post-Grant Proceedings

In this article published by Bloomberg Law's Patent, Trademark & Copyright Journal, authors Richard O'Neill and Arthur Shum review the PTAB body of law to date on obtaining real party-in-interest discovery in America Invents Act post-grant proceedings.

June 13, 2014

A Practical Guide to ‘Willful Blindness’ Under Global-Tech: When Does Fear of Infringement Turn Into Knowledge of Infringement?

An article by Richard O'Neill, Jonathan Uffelman and Ali Abugheida, published in the June 13, 2014 edition of Bloomberg BNA's Patent Trademark & Copyright Journal, Vol. 8, No. 490.

May 13, 2014

Success at the Federal Circuit: WilmerHale Earns Five Victories in One Week

WilmerHale has just completed an extremely successful week at the Federal Circuit, receiving favorable decisions in five out of six patent cases concerning various legal issues.

August 23, 2007

Three Important Victories for Broadcom in Litigation with Qualcomm

Bush Administration Upholds the ITC’s Ban On Imports of New Cell Phones Containing Some Qualcomm Microchips; Two Additional Qualcomm Patents Found Unenforceable; and Damages in Previous Case Are Doubled

May 29, 2007

Federal Jury Finds That Qualcomm Infringes Three Broadcom Patents

Jury Also Finds Patents Valid and Willfully Infringed

November 1, 2006

Kodak Wins Summary Judgment in Patent Suit Filed by Ampex

January 3, 2006

WilmerHale Names 16 New Partners

August 1, 2005

Limits on Patentability in Life Sciences: Claims Covering Expressed Sequence Tags

Co-authored by William F. Lee, Seth P. Waxman, Henry N. Wixon, Richard W. O'Neill and Allen C. Nunnally, 6 Sedona Conf. J. 95 (Fall 2005).

Recent Highlights

  • Represented plaintiff before Central District of California in case involving three patents directed to wireless communication technologies. Following a three-week trial, the jury found infringement with respect to all three patents. After a three-day hearing, the judge entered a permanent injunction, and we subsequently secured multiple contempt rulings (in excess of $50 million) for violation of the injunction. We also successfully defended the jury infringement verdicts and district court injunction before the Federal Circuit.
  • Represented complainant before the International Trade Commission with respect to two patents directed to digital camera technologies. Following a two-week trial, the ALJ found a violation of Section 337 with respect to both patents.
  • Represented complainant before the International Trade Commission with respect to two patents directed to power-saving technologies for mobile devices. Following a three-week trial, the Commission found a violation of Section 337 with respect to both patents.
  • Represented accused infringer before District of Massachusetts in case involving patent directed to motor-based technologies. Obtained summary judgment of non-infringement and dismissal of remainder of case as a Rule 11 sanction. Successfully defended district court’s summary judgment ruling and sanction order in two different appeals before the Federal Circuit.
  • Represented patentee before District of Massachusetts in case involving allegations of multiple antitrust violations based on patent directed to laser technologies. Successfully obtained dismissal of all antitrust claims through early motion practice.
  • Represented accused infringer before Western District of New York in case involving patent directed to video camera technologies. Obtained summary judgment of invalidity.
  • Represented patentee before District of Massachusetts in case involving three patents directed to data storage technologies. Following a three-week trial, the jury found infringement with respect to all three patents.
  • Represented accused infringer before Western District of New York in case involving patent directed to electronic handwriting recognition technology. Obtained summary judgment of invalidity.
  • Represented appellant before Federal Circuit in case involving patents directed to electronic programming guides. Successfully obtained reversal of district court’s order entering summary judgment of noninfringement.
  • Represented patentee before Federal Circuit in appeal involving genetically modified seed technologies. Successfully defended district court infringement finding.

Professional Activities

Mr. O'Neill is a member of the Boston and American Bar Associations, and the Federal Circuit Bar Association.

Practices

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Education

JD, with highest honors, George Washington University Law School, 1997, Order of the Coif, Moot Court Board

BA, Political Science, College of the Holy Cross, 1992

Bar Admissions

Massachusetts

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