With more than 25 years of experience helping companies solve complex problems, Rodger’s practice focuses on intellectual property and other complex commercial litigation, with a particular emphasis on patent litigation.

The Dow Chemical Company, DISH Network, The Gillette Company, Purdue Pharma and Sony Electronics are among the companies that have relied on his legal skill and judgment.

Rodger has been consistently recognized as a leading Delaware patent litigator by The Best Lawyers in America, Chambers USA, IAM Patent 1000 and Who’s Who Legal.

He previously served as chair of Morris Nichols’ executive committee from 2014-2017.

Experience

Represent patentee in patent infringement action regarding therapy for treatment of hemophilia A. Bayer Healthcare Inc. v. Baxalta Inc.

Represent patentee in patent infringement action regarding coatings on razor blades. The Gillette Company LLC v. Dollar Shave Club, Inc.

Represented patentee in patent infringement action involving self-serve milkshake blenders. Obtained successful jury verdict, permanent injunction and recall of infringing blenders. f’real Foods, LLC v. Hamilton Beach Brands, Inc.

Represent plaintiff in trade secret misappropriation action involving opaque and non-opaque polymers in the Delaware Court of Chancery. The Dow Chemical Company v. Organik Kimya

Represented Lindsay as lead counsel in patent infringement action involving graphical user interfaces for irrigation equipment. Valmont Industries, Inc. v. Lindsay Corp.

Represented Dow Chemical in a patent infringement case in the District of Delaware and a breach of contract case in the Court of Chancery involving coatings for beverage containers. Akzo Nobel Coatings Inc. v. The Dow Chemical Company.

Represented Solenis as lead counsel in various actions regarding Solenis’s patents related to the use of chemical additives to extract corn oil from corn-to-ethanol production streams. Buckman Laboratories, Inc. v. Solenis.

Represented patentee in patent infringement litigation involving polyethylene blends. The Dow Chemical Company v. Nova Chemicals

Represented patentee as lead counsel in patent infringement litigation involving fluorescent light fixtures. Acuity Brands, Inc. v. Cooper Industries, Inc.

Represented patentee as lead counsel in patent infringement litigation involving headlamp vents. W.L. Gore & Associates, Inc. v. Valeo-Sylvania L.L.C.

Represented accused infringers as lead counsel in patent infringement litigation involving lottery ticket vending machines. GTECH Corp. v. Scientific Games Int’l, Inc., et al.

Represented plaintiff as lead counsel in a breach of contract action involving a patent portfolio agreement. QUALCOMM Inc. v. Texas Instruments, Inc.

Represented patentee in Hatch-Waxman Abbreviated New Drug Application (ANDA) litigation concerning generic pharmaceutical composition for the treatment of glaucoma and ocular hypertension. Pharmacia Corp. v. Par Pharmaceutical, Inc.

Represented patentee in patent litigation concerning pharmaceutical compositions for the treatment of glaucoma and ocular hypertension. Pharmacia Corp. v. Alcon Laboratories, Inc.

Defended accused infringers in patent litigation concerning magnetic metal particles used in manufacturing magnetic recording tapes. Bayer AG v. Sony Electronics, Inc. et al.

News & Insights

Honors & Recognitions

Chambers USA: America’s Leading Lawyers for Business, ranked in Delaware for intellectual property, 2009-2020

IAM Patent 1000: The World’s Leading Patent Practitioners, silver-ranked, 2014-2020

The Best Lawyers in America, listed in patent and intellectual property litigation, 2011-2021; designated “Lawyer of the Year” in Delaware IP litigation, 2017, 2020, and litigation - patent, 2021

Delaware Super Lawyers, listed in intellectual property litigation, 2019-2020

Acquisition International, named “Best Patent Litigator” in Delaware, 2016

Who’s Who Legal: Patents, listed in patent practitioners, 2014-2019

Professional & Civic

American Bar Association (Antitrust Law, Litigation, and Intellectual Property Law Sections)

Delaware Community Legal Aid Society, Inc. (past president, board of directors)

Delaware Housing Coalition (Kind Policy Award recipient)

Delaware State Bar Association

District of Delaware Lawyer Advisory Committee (member)

Federal Bar Association

Federal Circuit Bar Association

Clerkships

  • Law Clerk to The Honorable W. Eugene Davis, US Court of Appeals for the Fifth Circuit, 1993-1994

Education

New York University School of Law, JD, magna cum laude, 1993

University of Pennsylvania, BS, economics, magna cum laude, 1990

Admissions

  • Delaware, 1998
  • New York, 1994
  • US District Court for the District of Delaware, 1999
  • US Court of Appeals for the Federal Circuit, 2001

Rodger “offers a wealth of experience representing clients from a range of industries in complex patent litigation.” - Chambers USA 2018

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