Richard S. Florsheim

Complex Commercial Litigation

About

Mr. Florsheim has devoted his professional career to the litigation of intellectual property cases and other complex civil litigation. He has tried over two dozen cases before judges and juries. Mr. Florsheim has served as lead counsel in over 60 patent infringement cases in various U.S. District Courts, in the Court of Federal Claims and before the U.S. International Trade Commission. His experience included working on cases involving a wide variety of technologies, including electronics, medical devices, optics and optical communications, wireless communications, industrial controls, and semiconductors. He has also argued many cases on appeal before various appellate courts, including arguing over a dozen appeals from District Court decisions in patent infringement litigations before the Federal Circuit Court of Appeals. He has had substantial experience representing clients in alternative dispute resolution proceedings, including the negotiation of litigation settlements and the conduct of arbitration proceedings, mediations and summary jury trials.

A History Of Law Firm Leadership

Mr. Florsheim was the leader of the patent litigation practice and later the entire intellectual property department of an AmLaw 100 firm for well over a decade. During his leadership tenure both that practice and that department grew dramatically and were consistently recognized as among the top 10 in the United States by various professional publications

Recognitions

  •  BTI Client Service 2014 All-Stars list; this elite group of standout attorneys — identified solely through unprompted client feedback — are recognized as delivering the absolute best client service
  • The International Who's Who of Patent Lawyers 2013
  • IAM Patent 1000 – The World’s Leading Patent Practitioners 2013-2016
  • Wisconsin Super Lawyers® lists 2005-2015
  • Milwaukee Intellectual Property Litigation “Lawyer of the Year” 2015 and 2017 and Patent Litigation “Lawyer of the Year” 2013 and 2015 by The Best Lawyers in America©
  • Peer Review Rated as AV® Preeminent™, the highest performance rating in Martindale-Hubbell's peer review rating system
  • The Best Lawyers in America© current edition
  • Who’s Who in the World current edition
  • Chambers USA: America’s Leading Lawyers for Business current edition
  • Featured among 10 leading IP lawyers in the U.S. in Inside the Minds: Leading Intellectual Property Lawyers: IP Experts Share Their Knowledge on the Art & Science of Intellectual Property Law (2002)

Education

Mr. Florsheim earned his B.S. degree from the Massachusetts Institute of Technology. He received his J.D., magna cum laude (first in his class), from Marquette University Law School.

Thought Leadership

Mr. Florsheim was the chairman of the subcommittee of the American Intellectual Property Law Association responsible for drafting the AIPLA’s first model jury instructions for nationwide use in patent infringement litigation. He has lectured on the subject of patent litigation at numerous national and international seminars and has authored or co-authored a number of publications on the subjects of patent law and patent litigation.

Testimonials

"Gearing up for a second jury trial on a patent infringement case, we brought Rick in for a fresh perspective.  Rick came highly recommended, worked well with existing counsel and helped the trial team reframe the issues for presentment to the jury.  Although we settled the case one week before trial, we worked closely for several months.  I was impressed with Rick’s ability to quickly pick up nuances of the case, and his efficiency, analysis, and insights in properly presenting the case to a jury.  Rick has my strongest recommendations."

General Counsel of a large US-based consumer electronics company, February 2022

Rick is a top-notch litigator who quickly understands relevant facts and develops winning strategies, particularly in complex litigations involving technical matters.  Rick has consistently delivered wins for Rockwell Automation (formerly Rockwell International) for more than two decades.  We have placed our trust in Rick’s judgment and if there is a way to win he will find it.

John M. Miller, VP & Chief IP Counsel,  Rockwell Automation, Inc. March 2022

 

I am writing to express my sincere gratitude and positive recommendation for Rick Florsheim. Rick recently provided independent legal counsel for my company, LightGuide, Inc. in a high-profile case against Amazon.... Based on Rick’s prior deep experience and success in trial law, he provided exceptional legal counsel, dedication, and professionalism throughout our legal process and was instrumental in the successful case result... Rick helped to analyze every aspect of the case to develop and implement a strategic plan, and effectively communicated with me and the broader legal team at every stage.

Beyond Rick’s impressive legal skills, Rick patiently listened to my concerns, provided clear explanations, and offered invaluable support during a challenging time. His commitment to achieving the best possible outcome for me was both consistent and innovative.

I wholeheartedly recommend Rick Florsheim to anyone in need of legal representation.
Rick is not only an exceptional attorney but also a person of integrity and compassion. I
am immensely grateful for Rick’s hard work and dedication.

Paul Ryznar, CEO, LightGuide, Inc. June 2024

Latest Blog

WHEN IS AN ARTICLE THAT HAS BEEN BOTH PRINTED AND PUBLISHED NOT A “PRINTED PUBLICATION”?

Answer: When it’s too hard to find. The filing of a inter partes review (“IPR”) petition seeking to invalidate an opponent’s patent is a favorite strategy of defendants in patent infringement litigations. Why? Because the common wisdom is that the judges who adjudicate IPR’s are far more likely to invalidate a  patent’s claims for obviousness…
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Federal Circuit Mock Oral Arguments — Don’t Wait Until It’s Too Late to Be Truly Useful!

Mock oral arguments should be done before, not after, the briefs have been filed As someone who has argued over a dozen appeals from District Court judgments in patent infringement cases before the Court of Appeals for the Federal Circuit, I’ve frequently been asked to be one of the “mock judges” for mock oral arguments…
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DON’T HAMSTRING YOUR EXPERT WITNESS ON OBVIOUSNESS ON THE VERY FIRST DAY

One fundamental tenet of the law of obviousness is that it is improper to engage in hindsight – to use the invention described in the claim of a patent as a roadmap to find the various elements of that claim in the prior art, and to then argue that it was obvious to try to…
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Richard S. Florsheim, Attorney at Law
20220 Boca West Drive #1004, Boca Raton FL 33434
(561) 900-6382