Ralph A. Dengler

Partner
Dengler Ralph

Ralph Dengler is a first-chair trial attorney with significant experience counseling clients and litigating patent, trademark, trade secret, and copyright matters in federal courts across the country. He represents clients in diverse technologies, including pharmaceuticals and medical devices, chemical compounds, computers, electronics and software, food containers and packaging, construction and dredging, publishing and social media, streaming media, telecommunications, and the outdoor and shooting sports industries. He also co-chairs Venable's Post-Grant Practice Group.

Ralph began his legal career as an assistant district attorney in the Bronx, and his IP law practice at Fitzpatrick Cella Harper & Scinto. He also served for 22 years as an infantry officer in the U.S. Marine Corps, retiring in 2010 as a reserve colonel. His service included combat tours in Operations Desert Shield/Desert Storm in 1991 and the Iraq War in 2003, and in 2007-2008. He has commanded platoon- through battalion-sized Marine infantry units.

Experience

Government Experience

  • Active Duty Officer, United States Marine Corps, 1988-1993
  • Assistant District Attorney, Office of the Bronx District Attorney
  • Reserve Officer, United States Marine Corps, 1994-2010

Representative Matters

Current Matters

  • Defending streaming media technology companies against patent troll litigations in the District of Delaware, New Jersey, and Central District of California, including parallel inter partes review proceedings before the PTAB
  • Ongoing representation of a telecommunications provider in patent and trademark counseling and enforcement in the U.S.

Prior Engagements

  • Represented an international provider of digital signal processing equipment in a non-party matter in the District of Delaware
  • Defended a maple syrup jug manufacturer in a trade dress dispute in the District of Massachusetts
  • Defended social networking and matchmaking companies against a patent troll lawsuit in the District of Delaware; invalidated entire patent portfolio on §101/Alice grounds at the pleadings stage
  • Represented a telecommunications provider in patent infringement litigations in the Eastern District of Texas, and Northern and Central Districts of California, from pre-lawsuit due diligence through jury trial and Federal Circuit appeal
  • Defended a modular trigger manufacturer against patent infringement allegations in the District of Connecticut
  • Defended an iconic motorcycle franchise against a patent troll lawsuit in the Eastern District of New York, related to video surveillance and monitoring
  • Defended a pet products manufacturer against and resolved a patent infringement lawsuit in the Northern District of Ohio
  • Represented a food packaging company in enforcing a settlement agreement in the Northern District of Illinois against a foreign "knock-off" competitor, and initiated design patent and trade dress infringement and breach of contract claims against an alter ego entity; separately defended against counterclaims of patent infringement and unfair competition; prevailed for client on summary judgment
  • Represented a marine dredging and construction company in a declaratory judgment action in the District of New Jersey against a patent holding company that threatened a multi-million-dollar port expansion project
  • Defended an electronics manufacturer, a global advertising technology and content creation company, a real estate entity, and an electronic securities broker against lawsuits brought by patent trolls in the Eastern District of Texas and Northern District of California
  • Defended a magazine publishing entity against trademark infringement and Lanham Act allegations in the Southern District of New York; separately counseled the client regarding TTAB opposition and related trademark dispute
  • Represented a financial ratings company in bringing theft of trade secrets, Computer Fraud and Abuse Act, and breach of contract claims against former employees in the Southern District of New York; separately defended against copyright infringement assertions
  • Represented innovator pharmaceutical companies in patent litigations in the Districts of New Jersey and Delaware against generic drug manufacturers related to antiviral, blood clotting, bone density, macular degeneration, organ transplant, and ovarian cancer pharmaceutical compounds and ingredients
  • Defended manufacturers of baby carriers, digital compass mirrors, injectable insulin pens, pet products, razor blades, and solar panels against claims of patent infringement in various federal courts
  • Represented clients in IP due diligence matters related to the acquisition of a portfolio of patents involving software, polymers, and silicon-related technologies
  • Represented a local chef and restaurateur in resolving a trademark and domain name dispute with a former business partner
  • Represented an online gaming entity in asserting various business torts in the District of Nevada

Insights

Credentials
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Education

  • J.D. Fordham University School of Law 1996
  • Member, Urban Law Journal
  • M.Ed. University of Virginia 1994
  • B.S. U.S. Naval Academy 1988

Bar Admissions

  • New York

Court Admissions

  • U.S. Supreme Court
  • U.S. Court of Appeals for the Federal Circuit
  • U.S. District Court for the Southern District of New York
  • U.S. District Court for the Eastern District of New York
  • U.S. District Court for the Eastern District of Texas

Professional Memberships and Activities

  • Member, New York Intellectual Property Law Association
  • Member, New Jersey Intellectual Property Law Association
  • Member, National Shooting Sports Foundation
  • Editor and contributor, IP Buzz, a Venable publication providing analysis and a round-up of intellectual property legal news

Languages

  • German

Community
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Pro Bono

  • General counsel, Marine Toys for Tots Foundation
  • Provides pro bono assistance to a nonprofit education company that provides resources and instruction to elementary schools for teaching etiquette toward military veterans

Volunteerism

  • Member, German American Chamber of Commerce
  • Member, Iraq and Afghanistan Veterans of America