Ralph A. Dengler

Partner
Dengler Ralph

Ralph Dengler is a first-chair patent litigator, a seasoned intellectual property (IP) counselor, and a U.S. Marine Corps combat veteran. Ralph counsels clients and litigates patent, trademark, trade secret, and copyright matters in federal courts across the United States, in the UK and Germany, and before the Unified Patent Court (UPC). He works across diverse technologies and industries. These include streaming media, railroad control systems, 3D printing, telecommunications, shooting and outdoor sports, medical devices, food containers and packaging, and construction and dredging.

Ralph defends clients in high-stakes patent litigation across the country and provides strategic IP counseling to companies at the forefront of innovation. These include space operations intelligence and autonomy companies, modular micro nuclear reactor developers, and interactive fitness equipment manufacturers. He has also defended manufacturers of digital compass mirrors, injectable insulin pens, razor blades, automobile rocker arms, and solar panels against claims of patent infringement in various federal courts, and represented clients in IP due diligence matters related to portfolios of patents involving software, murine gene testing kits, polymers, and silicon-related technologies.

Ralph began his legal career as an assistant district attorney in the Bronx before joining Fitzpatrick Cella Harper & Scinto, where he developed his IP litigation practice. He served for 22 years as an infantry officer in the U.S. Marine Corps, retiring in 2010 as a reserve colonel.

Experience

Government Experience

  • Assistant district attorney, Office of the Bronx District Attorney
  • Active duty officer, United States Marine Corps, 1988-1993
  • Reserve officer, United States Marine Corps, 1994-2010

Representative Matters

Technology, Media and Telecommunications

  • Defend streaming media technology companies in the Eastern and Western Districts of Texas, the District of Delaware, and the Northern District of California, including parallel inter partes and ex parte review proceedings before the Patent Office and related Federal Circuit and UPC appeals
  • Represented a telecommunications provider in patent infringement litigations in the Eastern District of Texas, and the Northern and Central Districts of California, from pre-lawsuit due diligence through jury trial and Federal Circuit appeal
  • Represented an international provider of digital signal processing equipment in a non-party matter in the District of Delaware
  • Represented a communications provider in defending against telephony equipment patent infringement allegations in the Southern District of New York and pre-Federal Circuit appeal
  • Defended social networking and matchmaking companies against patent troll lawsuits in the District of Delaware, invalidating a patent portfolio on §101/Alice grounds at the pleadings stage
  • 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 various patent trolls in the Eastern District of Texas and the Northern District of California
  • Defended a keyboard-video-mouse control manufacturer against patent litigation in the Southern District of New York through bench trial and settlement
  • Represented an online gaming entity in asserting various business torts in the District of Nevada

Manufacturing and Consumer Products

  • Defend and provide counseling to an interactive fitness equipment manufacturer
  • Provided IP counseling to a 3D printing manufacturing company
  • Represented a manufacturer in a due diligence and licensing agreement relating to bolt-action mechanism patents
  • 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 maple syrup jug manufacturer in a trade dress dispute in the District of Massachusetts
  • 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, trade dress infringement, and breach of contract claims against it
  • Represented a local chef and restaurateur in resolving a trademark and domain name dispute with a former business partner

Transportation, Infrastructure and Energy

  • Defended a national railroad company in patent litigation relating to railroad control systems
  • Provide general IP counseling and due diligence to a space operations intelligence and autonomy company
  • Provide IP and due diligence counseling to a modular micro nuclear reactor company
  • Represented a marine dredging and construction company in a patent action in the District of New Jersey involving a port expansion project

Life Sciences and Financial Services

  • Represented innovator pharmaceutical companies in ANDA patent litigations in the Districts of New Jersey and Delaware relating to antiviral, blood clotting, bone density, macular degeneration, organ transplant, and ovarian cancer drugs and methods
  • 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

Publishing, Branding and Trademark

  • Represent the estate of a Medal of Honor recipient in copyright and NIL matters
  • 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 a related trademark dispute

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. General Engineering 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

Languages

  • German

Community
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Pro Bono

  • General counsel, Marine Toys for Tots Foundation (a national nonprofit children’s charity)
  • Provide counsel to Vetiquette, Inc. (a nonprofit furnishing resources and instruction to teach elementary schools about military veterans and service)

Volunteerism

  • Member, German American Chamber of Commerce
  • Founder and committee member, Fordham Prep Veterans Alumni Network
  • Member, Iraq and Afghanistan Veterans of America