• Offices
  • Careers
  • Our Firm
  • Industries & Services
  • Professionals
  • Client Successes
  • News & Insights
  • Offices
  • Careers
  • Our Firm
Husch Blackwell
Husch Blackwell
  • Industries & Services
  • Professionals
  • Client Successes
  • News & Insights
Rudy Telscher
Rudy Telscher
Partner
Technology, Manufacturing & Transportation
vCard
  • St. Louis, MO
  • Direct: 314.345.6227
  • Fax: 314.480.1505
  • Email rudy.telscher huschblackwell.com
  • vCard
  • St. Louis, MO
  • Direct: 314.345.6227
  • Fax: 314.480.1505
  • rudy.telscher huschblackwell.com
Share

Rudy Telscher

Partner
Technology, Manufacturing & Transportation
Partner
Overview
  • Overview
  • |
  • Experience
  • |
  • News & Insights

For more than 25 years, Rudy has litigated and tried a variety of intellectual property disputes in the areas of patent, trademark, copyright, trade secret, Internet, and First Amendment in district and appellate courts throughout the United States, including in notable jurisdictions like the Eastern District of Texas, the District of Delaware, and the Central and Northern Districts of California. Rudy is a member of the firm’s Technology, Manufacturing & Transportation team.

Rudy has not lost a trial, arbitration or other case-dispositive motion in more than a decade. During this time, and for each case not settled following decision, he has been affirmed on appeal. Notable achievements include:

  • Lead counsel representing Octane Fitness, LLC before the U.S. Supreme Court in its patent infringement case, a case that altered the balance of power in patent litigation. Rudy handled oral argument before the Supreme Court.
  • Lead counsel in CDM Fantasy Sports v. Major League Baseball, in which his team made new law in turning back Major League Baseball’s attempts to monopolize the $1.5 billion per year fantasy sports industry in proceedings from the district court through Supreme Court.

Prior to entering law school, Rudy worked as an engineer for a leading defense contractor, applying his skills in the areas of avionics systems engineering and software development.

Awards and Recognitions

  • Managing Intellectual Property, 2015 Case of the Year, Editor’s Choice: Octane Fitness, LLC v. Icon Health & Fitness, Inc.
  • Missouri Lawyers Weekly, 2015 Influential Appellate Advocate
  • IP Stars, Managing Intellectual Property, 2014-2017
  • National Law Journal Trailblazer - Intellectual Property, 2018
  • Law360, “MVP Awards,” Intellectual Property, 2014
  • Best Lawyers, Intellectual Property Litigation, 2012-2018
  • Lexology “Client Choice Awards,” Intellectual Property-Patents, Missouri, 2013, 2015
  • Missouri Super Lawyers, Intellectual Property Litigation, 2011, 2012, 2016-2017
  • “Lawyer of the Year” finalist in connection with representation in the fantasy sports case against MLB and the NFL, 2008

Civic Involvement

  • Head Girls Soccer Coach, Oak Hill/Villa Duchesne, grades 1-7
  • Assistant Girls Basketball Coach, Oak Hill/Villa Duchesne, grades 3-7
  • Head Boys Soccer Coach, Oak Hill, grades 5-6
  • Head Coach, Villa Duchesne Mock Trial Program, 2014-2017
  • Annual Giving Chairperson, Villa Duchesne, 2013
  • Annual Giving Classroom Ambassador, Villa Duchesne, 2010-2014
  • Engagement Committee, Villa Duchesne, 2014-2016
  • Advancement Committee, Villa Duchesne, 2017

News & Insights

  • PODCAST: Defending Patent Charges: Inter Partes Review (IPR) vs. Federal Court Litigation
  • Defending Patent Charges: Inter Partes Review (IPR) vs. Federal Court Litigation
  • U.S. Supreme Court Upends Law on Venue in Patent Disputes
View More +

Experience

  • Represented several subsidiaries of a Fortune 500 manufacturer in a consolidated Eastern District of Texas patent infringement suit brought by a large and well-financed Canadian patent troll. Multiple claims of five different patents were asserted primarily against the subsidiary that engineers and markets a distributed control system for plant automation and process control. Previous assertions of the same patents had resulted in multi-million dollar settlements from large process control companies. Our team extensively briefed and argued motions challenging the validity of the patents under two lines of cases, one requiring software patents to claim implementation on a fixed and tangible medium and another under Alice, a 2014 Supreme Court decision that invalidated patents using conventional computer technology to claim and preempt an abstract idea without adding anything inventive. Our team also had the foresight to challenge venue and transfer in anticipation of the Supreme Court argument in TC Heartland and the Federal Circuit decision in In re Google. In March 2017 the District Court accepted our client’s invalidity arguments and dismissed most claims. As a result, the plaintiff dismissed the few remaining claims to appeal the District Court’s order to the Federal Circuit, thus enabling a cross-appeal of venue and transfer rulings and further wreck the troll’s business model. (Automation Middleware Solutions, Inc. v. Emerson Process Management, LLP, et al.)
  • Provided lead counsel representation of Octane Fitness, LLC (Octane Fitness, LLC v. Icon Sports) before the U.S. Supreme Court in its appeal of denial of attorneys’ fees in a patent infringement case. Obtained summary judgment on infringement claims against Octane Fitness and the District Court denied fees. Merits and reply briefs to the U.S. Supreme Court were authored by the team and joined by numerous amici, including the U.S. Solicitor General. In Octane Fitness, LLC v. Icon Fitness and Health, Inc., the Supreme Court reversed the Federal Circuit and set a totality of the circumstances standard for finding exceptionality to award fees under 35 U.S.C. § 285. The case garnered significant national media attention and altered the balance of power in patent litigation. On remand, the District Court finally found the original claims against Octane Fitness exceptional and the team secured a fee award of $1.4 million for the client.Rudy handled oral argument before the Supreme Court.
  • Represented CDM Fantasy Sports against Major League Baseball, making new law in turning back Major League Baseball’s attempts to monopolize the $1.5 billion per year fantasy sports industry. The case ended with the Supreme Court denying certiorari. (CBC Distribution v. Major League Baseball)
  • Obtained a jury verdict of willful patent and copyright infringement in favor of Litecubes, which was upheld on appeal at the Federal Circuit and deemed a Top 10 appellate decision of 2008. The case involved the Litecube product, as featured on “Good Morning America,” “The Jay Leno Show,” the American Music Awards and “CSI: Miami.” (Litecubes v. Glow Products)
  • Obtained summary judgment of inequitable conduct in a patent infringement case filed against our client, a leading provider of medical imaging software. The plaintiff revived the asserted patent after the previous patent owner allowed the patent to lapse for non-payment of maintenance fees. Without any knowledge of, or investigation into, the reasons for non-payment, the plaintiff filed a petition to revive the patent certifying that the non-payment was “unintentional.” The district court found the certification was a material misrepresentation made with an intent to deceive the Patent Office, rendering the patent unenforceable. (3D Medical Imaging Systems, LLC v. Visage Imaging Inc. and Pro Medicus Limited)
  • Lead counsel for Fortune 500 company defending against claim of patent infringement against our client and a primary customer regarding use of software products to automate industrial wastewater treatment. Successfully obtained stay of litigation prior to discovery commencing so parties could brief motion for summary judgment of patent ineligible subject matter under Section 101 and Alice. District Court granted motion finding the asserted patent invalid and entered judgment for clients. (Neochloris, Inc. v. Emerson Process Management)
  • Counseled Hunter Engineering in a patent arbitration regarding its revolutionary wheel balancer technology. Following a week-long trial, the arbitrator awarded Hunter seven-figure compensation based on an above industry average 7% royalty rate, and further ordered the defendant to pay attorneys’ fees and all arbitration costs. (Hunter Engineering v. Snap-On)
  • Represented Emerson subsidiary responsible for DeltaV distributed control system against patent infringement claim involving a network router. Briefed Alice motions to dismiss and simultaneously filed declaratory judgment action in WDTX and successfully convinced judge to retain the case in WDTX. Convinced plaintiff to dismiss claims in both districts without payment of damages. (Wetro Lan LLC v. Emerson Electric Co.)
  • Won summary judgment on non-infringement. The case involved technology for measuring wave patterns of antennas, most prominently for cell phones. The key term in dispute was a “means plus function” claim and the case turned on whether ETS’s system for pivoting the antenna through various positions was equivalent to the structure disclosed in the patent and covered by the “means plus function” clause. Despite the issue being one of fact, we developed a compelling factual record in discovery and successfully moved for summary judgment of non-infringement. (MVG v. ETS Lindgren)
  • Represented Synergetics in a trade secrets case involving laser products used in vitreoretinal eye surgery. Obtained a jury verdict awarding $2.3 million, including a punitive damage award. Verdict was upheld on appeal. (Synergetics v. Hurst & McGowan)
  • Represented Wolff Shoe Co. in a copyright infringement case involving an ornamental design on a shoe. The jury award to Wolff of $2.2 million in actual damages was notable because the defendant had sold only a limited number of infringing shoes. (Wolff Shoe Company v. Mosinger Company, LLC, d/b/a Mark Lemp Footwear)
  • Brought suit on behalf of Graphics House in a dispute over inventorship of a patent. Obtained jury verdict that Graphics House was the sole inventor, finding that the defendant infringed the patent, and awarding damages for past infringement and a permanent injunction entered. (Graphics House v. Bead Pens International)
  • Obtained $1.5 million verdict for Hawthorne Education Services in a copyright infringement case against a doctor; verdict was upheld on appeal by the Sixth Circuit. A notable accomplishment was that defendant had only $12,000 in total sales of Hawthorne’s copyrighted book, yet a much larger verdict was obtained. (Hawthorne Education Services v. Dr. Ronald Friedman)
  • Defended Q3 Products in a trade secret theft claim and patent infringement claims regarding two patents covering a dental tool. The jury found that Q3’s product did not infringe either patent, that both patents were invalid and that there was no trade secret theft. Affirmed on appeal by the Federal Circuit. (Young Dental v. Q3 Products)
  • Represented CBS in a matter brought against the National Football League Players Association. On First Amendment grounds, CBS defeated the NFL’s allegations that the use of player images and names in fantasy football games violated player rights of publicity. (CBS v. National Football League Players Association)
  • Defended ‘745 LLC against patent infringement allegations brought by Gibson Guitar regarding a virtual music reality system. After a Markman hearing, ‘745 secured a claim construction ruling construing four terms in ‘745’s favor. Gibson filed a dismissal with prejudice following the ruling. (Gibson Guitar Corp. v. ‘745, LLC)
  • Successfully defended Western Excelsior Corp. against claims of patent infringement and trade dress infringement of the product appearances. The patented technology involved soil erosion fabrics, their chemical composition and methods of manufacture. Plaintiff sought a preliminary injunction, which was defeated. Following the Markman hearing, Western Excelsior prevailed on all three claim terms in dispute. The plaintiff dismissed its lawsuit with prejudice. (Propex Operating Company, LLC v. Western Excelsior Corporation)
  • Brought suit against Texas Instruments on behalf of Digit Wireless in a patent case involving keyboard technology for wireless telephones and other handheld electronics. Successfully asserted the patents and obtained a favorable damage amount for the client in a confidential settlement agreement. (Digit Wireless v. Texas Instruments)
  • Defended Nations Mortgage when a national bank sued it for trademark infringement of its Legacy Nations Bank trademark, including color schemes of the mark. Assisted Nations Mortgage in developing an abandonment defense that had implications for the plaintiff’s mark, as well as several of the legacy marks. The plaintiff agreed to a confidential settlement, despite Nations Mortgage having no claims against the plaintiff. (Bank of America v. Nations Mortgage)
  • Lead counsel representation of Galtronics. Successfully defended Laird against patent infringement and trade secret allegations brought by Galtronics relating to antenna technology for cell phones. In response to the suit, assisted Laird in identifying patents for a countersuit. Laird filed a countersuit. Within months of Galtronics filing suit, Laird developed defenses leading to Galtronics filing a covenant not to sue and dismissal of all claims with prejudice against Laird. Laird later settled its lawsuit with Galtronics for a confidential settlement amount. (Galtronics v. Laird; Laird v. Galtronics)
  • Prevailed in a Markman hearing, clearing defendant’s flooring products of infringement. Further discovery revealed a strong case for inequitable conduct, causing the plaintiff to file a covenant not to sue and motion to dismiss its case. (Dodge Regupol v. RB Rubber)
  • Represented Triumph Pharmaceuticals against accusations of infringement of two patents relating to chemical formulations for a mouthwash. Filed four motions for summary judgment relating to noninfringement and invalidity contentions. The Court granted summary judgment in Triumph’s favor on all four motions, finding noninfringement of both patents and holding that both were invalid. (Triumph Pharmaceuticals v. Oxyfresh Worldwide)
  • Lead counsel representation of Synergetics against allegations of patent infringement relating to laser probes. Based on prior art uncovered by the litigation team, Rudy helped his client design a non-infringing product and obtained a summary judgment ruling clearing the new product. The case settled in light of the new design and prior art found by the trial team. (Iridex v. Synergetics)
  • Defended Catlow in a patent infringement lawsuit involving gasoline nozzles. The jury awarded only nominal damages ($10,000), and we persuaded the court to not enter a permanent injunction. (Husky v. Catlow)

News & Insights

March 1, 2018 In The News 2018 NLJ Intellectual Property Trailblazer--Rudy Telscher External Link
Technology, Manufacturing & Transportation
March 1, 2018 News Releases Telscher Named National Law Journal IP Trailblazer
Technology, Manufacturing & Transportation
January 29, 2018 In The News SportsHandle: The NBA Has Zero Legal Claim to One Percent of Sports Bets External Link
November 29, 2017 In The News Sports Handle: Supreme Court Sports Betting Case, Analyzed By Attorney Who’s Defeated MLB External Link
Technology, Manufacturing & Transportation
November 14, 2017 News Releases Missouri & Kansas Super Lawyers and Rising Stars 2017 Names 65 Husch Blackwell Attorneys
October 5, 2017 In The News St. Louis Business Journal: Husch Blackwell lawyer wins victory against patent trolls (log-in required) External Link
Technology, Manufacturing & Transportation
August 25, 2017 News Releases Husch Blackwell Secures Legal Fees for Octane in ‘Exceptional’ Patent Case
Technology, Manufacturing & Transportation
August 15, 2017 In The News Husch Blackwell Places 156 Lawyers in 2018 Best Lawyers in America
Energy & Natural Resources Financial Services & Capital Markets Food & Agribusiness Healthcare, Life Sciences & Education Real Estate, Development & Construction Technology, Manufacturing & Transportation
August 7, 2017 In The News Law360: Fitness Co. Fights $1.7M Fee In ‘Perfectly Reasonable’ IP Suit (log-in required) External Link
Technology, Manufacturing & Transportation
June 16, 2017 Podcast Defending Patent Charges: Inter Partes Review (IPR) vs. Federal Court Litigation
Technology, Manufacturing & Transportation
View More +
  • Industry Focus
    • Technology, Manufacturing & Transportation
  • Practice Areas
    • Manufacturing
    • Technology
    • Intellectual Property
    • Intellectual Property Litigation
    • Life Sciences
    • Trademarks & Copyrights
    • Patents
    • Trade Secrets
    • Trade Secret & Business Information Protection
  • Admissions
    • Missouri
    • Illinois
    • U.S. Supreme Court
    • U.S. Court of Appeals, Federal Circuit
    • U.S. Patent and Trademark Office
    • International Trade Commission
  • Education
    • J.D., University of Iowa College of Law, 1990, with high distinction
    • B.S., Electrical Engineering, University of Missouri, 1987, with honors
© 2018 Husch Blackwell LLP. All rights reserved
  • Alumni
  • |
  • Contact Us
  • |
  • Disclaimer
  • |
  • Site Map
  • |
  • Attorney Advertising
  • LinkedIn
  • Twitter
  • Instagram