Richard Gervase heads Mintz’s Royalty Monetization practice and is a leader in the field. Richard began his career in the late 1980s as a mergers and acquisitions and securities lawyer at Brown & Wood in New York City, where he focused on the biotechnology sector. He has extensive experience structuring and negotiating a wide variety of transactions in the life sciences industry, including royalty monetization transactions, pharmaceutical license and collaboration agreements, stock and asset acquisitions, strategic alliances, joint ventures, sponsored research agreements, research grant funding agreements involving not-for-profits, materials transfer agreements, software licenses, foundry services agreements and other agreements involving technology transfer and licensing. Since 2002, Richard has represented both investors and royalty holders in the structure, negotiation, and valuation of a wide variety of royalty stream monetization transactions. Over the past 17 years, Richard has evaluated royalty streams involving more than 40 pharmaceutical and biological products for potential monetization.
In addition to traditional sales of royalty streams, Richard also has significant experience with alternative royalty monetization structures, including secured debt and convertible debt financings, synthetic royalties, revenue interest assignments, late-stage clinical trial funding agreements, and other healthcare related financings.
In addition to his transactional practice, Richard also advises clients on all aspects of intellectual property litigation, including patent, copyright, trademark, and trade secret litigation and related antitrust and unfair competition matters. He has represented numerous Fortune 100 companies in intellectual property infringement cases nationwide. A registered patent attorney, Richard also handles post-grant proceedings before the USPTO and the Patent Trial and Appeal Board, including ex-parte re-examinations, inter partes reviews (IPRs), covered business method (CBM) reviews, and post-grant reviews (PGRs). He also counsels companies in the development, protection, and licensing of their intellectual property portfolios with an emphasis on value creation. Richard is a Member of Mintz's Opinion Committee.
Prior to joining Mintz, Richard was a senior patent litigation attorney at the intellectual property law firm of Fish & Neave in New York City.
He completed executive mediation training at Harvard Law School’s Program on Negotiation. He was Senior Articles Editor for the Rutgers Law Journal.
More Legal and Business Bylines From Richard G. Gervase, Jr.
- Fast Track to Justice for Trade Secret Theft at the ITC: New Senate Bill Would Expand ITC Authority to Curtail Trade Secret Theft by Foreign Governments - (Posted On Wednesday, June 23, 2021)
- Ninth Circuit Reverses FTC Win in FTC v. Qualcomm, Finding No Antitrust Violations from Qualcomm’s Licensing of its Standard-Essential Patents - (Posted On Thursday, August 13, 2020)
- AbbVie’s Enforcement of its ‘Patent Thicket’ For Humira Under the BPCIA Does Not Provide Cognizable Basis for an Antitrust Violation - (Posted On Thursday, June 18, 2020)
- Another Shoe Drops in the Qualcomm Patent Licensing Saga - (Posted On Friday, May 24, 2019)
- Supreme Court Makes It Harder for Willful Infringers to Escape Punishment - (Posted On Wednesday, June 15, 2016)
- Trade Secrets Going Federal: President Obama Signs into Law Landmark Defend Trade Secrets Act Requiring Immediate Action by All Employers - (Posted On Friday, May 13, 2016)
- Evolving SEP Jurisprudence and RAND Determinations in Microsoft v. Motorola - (Posted On Friday, August 21, 2015)
- Ninth Circuit Upholds Judge Robart’s RAND Determinations in Microsoft v. Motorola - (Posted On Friday, August 14, 2015)
- Kimble and Post-Expiration Royalties: The Next Big Thing, or Much Ado About Nothing? - (Posted On Tuesday, March 31, 2015)
- Supreme Court to Hear Argument on March 31 Whether to Overrule Brulotte v. Thys, Co. - (Posted On Thursday, March 26, 2015)