Mr. Fladung serves as co-leader of Strasburger's Intellectual Property practice.  Rick has been involved in a number of complex lawsuits and disputes in both state and federal courts. His experience includes patent, trademark, trade dress, copyright and trade secret litigation. Mr. Fladung also prepares and prosecutes patent and trademark applications and has been lead counsel in patent re-examination proceedings before the United States Patent and Trademark Office. He also provides opinions to and counsels clients on technology matters. Before attending law school, Mr. Fladung acquired engineering experience with a major international consulting engineering firm, which included travel to the Middle East. During law school, Mr. Fladung served as a legal aide to the Speaker of the House in the Kansas State Capitol. Before joining Strasburger, Mr. Fladung was a partner in the intellectual property section of an international law firm and a stockholder in the Houston intellectual property law firm of Pravel, Hewitt & Kimball, P.C.

REPRESENTATIVE EXPERIENCE

• Successfully defended client that rebuilt compressors in a suit which alleged contributory infringement and inducement to infringe five patents. The underlying patent infringement suit took an interesting turn in this two track litigation when Jack E. Hunter of the 94th Judicial District, Nueces County, Corpus Christi, Texas, entered a summary judgment in favor of Bradleys’ for insurance defense coverage resulting from Bradleys’ advertising activities in the alleged inducement to infringe. The underlying patent infringement suit was then stayed in favor of the concurrent insurance coverage litigation. On remand to the Court of Appeals of Texas, Justice Yanez, 33 S.W.3d 102, held that there was no insurance defense coverage but outlined how insurance defense coverage for inducing patent infringement may be possible in a well plead complaint. The underlying patent infringement suit settled favorably for client after mediation
• Defended fabrication/manufacturing client against allegations of patent infringement and millions of dollars in damages. Formal opinion letters opining non-infringement of five asserted patents convinced patent holder that none of the patents asserted infringed any valid claims. These opinions included documents supporting invalidation of some of the asserted patents under Pfaff v. Wells Electronics, 119 S.Ct. 304 (1998) (the claimed inventions were “commercially on sale” and that the invention was “ready for patenting”).
• Asserted patent against Israeli partnership and Iowa and Delaware corporations for Round Bales of Agricultural Blade Crops. Global oil company client had the exclusive right to make, use, sell or import netting or wrapped bales in the United States. The case was successfully resolved for client.
• Represented Georgia manufacturing patent holder client in asserting three patents for Melt Blowing Die and Method of Applying Adhesive primarily used in diaper industry. Successfully defended counter-claims of non-infringement in view of invalidity and unenforceability to settle the case before trial with defendant taking a license.
• Won on summary judgment of noninfringement of patent for adjustable post-op knee brace and court awarded global healthcare client attorneys’ fees. Plaintiff patent holder was forced into bankruptcy. 812 F.Supp 1076 and 812 F.Supp. 1058.
• Successful in proving that our national client did not operate, conduct, engage in or carrying on business in Florida under Florida’s long arm statute so as to justify the District Court’s exercise of personal jurisdiction, and that our client’s activities were not “purposefully directed” to Florida so as to warrant exercise of specific jurisdiction. The case was transferred to the Southern District of Texas and thereafter settled. 814 F.Supp 1058.
• Successfully defended multiple software defendants against causes of action of misappropriation, conversion and advertising injury, copyright infringement, fraud in the inducement, negligent misrepresentation, declaratory judgment, breach of contract, tortuous interference and usury and asserted causes of action of breaches of contract, misappropriation, and conversion, breach of express warranty of ownership and breach of agreement (exclusive license) for a computer software system. Successfully removed the case from Harris County, Texas to U.S. District Court, Southern District of Texas, Houston Division. After heavy discovery of computer software shop client, successfully resolved the case in our client’s favor with insurance coverage.
• A declaratory judgment suit was brought in an attempt to invalidate importer client’s patent on a toy space gun. By counterclaim, toy importer client alleged patent infringement for the gun, unfair competition, copyright and trade dress infringement for the “TRY ME!” box. After extensive discovery including travel to Hong Kong for depositions in multiple foreign languages, most of which was paid for by insurance coverage under the “advertising injury” clause, toy importer client was able to favorably settle the case under its counterclaims.
• Represented multiple defendants against claim of trademark infringement over BARNEY, the purple dinosaur. Defeated plaintiff’s motion for consolidation before the U.S. Judicial Panel for Multidistrict Litigation resulting in favorable settlement of claims against our clients.
• Obtained ex-parte TRO and seizure order conducted in Central District of California under Lanham Act counterfeit statute and permanent injunction for patent, trademark and copyright infringement. Court awarded reasonable attorneys’ fees after an opposed filing for motion for attorneys’ fees.
• Obtained ex-parte TRO and seizure order conducted in Eastern District of Texas under Lanham Act counterfeit statute and permanent injunction for patent and trade dress infringement.
• Successfully asserted causes of action of trademark infringement, trademark dilution and unfair competition both federal and Texas along with trademark counterfeiting action against a domain name owner. Successfully settled for a quick transfer of the domain name and trademark.
• After developing facts in federal trademark infringement lawsuit for trademark owner, county criminal prosecutors evidence to develop case including arrest of infringers.
• Final judgment granting summary judgment for six clients, barring by laches and equitable estoppel all claims asserted by the owner of the alleged trademarks “theGalleria” and “Galleria” for shopping malls in Houston and Dallas. The suit concerned trademark infringement under Texas law, federal and Texas anti-dilution laws, and federal and Texas unfair competition claims related to 12 registered marks asserted against our six clients. In this case, three motions for summary judgment were filed by our clients, including a request for cancellation of all 12 registrations. Cancellation of some of the registrations was based on genericness and other registrations were proven during discovery to have been abandoned before the filing of the plaintiff’s last live Complaint. 59 USPQ 2d 1109. Also, during the lawsuit, one of our clients asserted counterclaims against a hotel that resulted in a stipulation that required the hotel to cease use of the term “Galleria & Oak” for its hotel in the Galleria shopping mall in Houston.
• Obtained dismissal of trademark infringement, cyber piracy, and trade name infringement claims against our Texas healthcare client after mediation where we submitted evidence that the asserted mark was generic.
• Defended national healthcare client against claim of trademark infringement, federal false representation, unfair competition and false advertising obtaining a settlement after a court ordered mediation before a magistrate judge.
• Brought federal trademark infringement action and unjust enrichment claims for retail furniture client with only Houston, Texas stores. Southern District of Texas federal court ordered that mark was used “in commerce” thereby supporting retail furniture store trademark portfolio which includes over 30 federal trademark applications/registrations.

PUBLICATIONS AND PRESENTATIONS

"Developing and Preserving Evidence of Independent Creation in Defense of a Copyright Infringement Lawsuit," Strasburger & Price, LLP Health Industry Online, February 4, 2009.

"Jury Deliberation of Evidence for Future Damages in Patent Cases. Effect of 2006 U.S. Supreme Court Decision," Strasburger & Price, LLP Business & Law Newsletter, September 22, 2008.

"Medical Practitioners and Their Related Healthcare Entities Still Have Exposure for Infringement of Patented Medical and Surgical Procedures," Strasburger & Price, LLP Health Industry Online, July 2, 2008.

"He Which Soweth Bountifully Shall Reap Also Bountifully: Return On Investment For Patenting Healthcare Inventions," Strasburger & Price, LLP Health Law Counsel Series, Dallas and Houston, June 17-18, 2008.

"He Which Soweth Bountifully Shall Reap Also Bountifully: Return On Investment For Patenting Healthcare Inventions,” Strasburger & Price, LLP Health Industry Online, March 20, 2008.

"The Patent Law Storm Intensifies," Strasburger & Price, LLP Health Industry Online, January 9, 2008.

"Surviving the Perfect Storm Brewing Over Patent Law in the Healthcare Industry," Strasburger & Price, LLP Health Industry Online, June 20, 2007.

“Maximizing Value and Minimizing Risk: Three New Intellectual Property Developments That Will Affect Your Business in 2007,” Strasburger & Price, LLP Corporate Counsel Series – Austin, Dallas and Houston, February 2007.

"Inventors in Health Care: Preserving Foreign Patent Protection," Strasburger & Price, LLP Health Industry Online, August 16, 2006.

“Automobile Designs: Protecting an Investment in a Legend with Intellectual Property,” The Metropolitan Corporate Counsel, June 2005.

Presented papers to the American Bar Association, and the American Intellectual Property Association and to major accounting firms and corporations on the issues relating to intellectual property law.

IN THE NEWS

"Patent Law Storm To Hit Health Care," Houston Business Journal - June 29, 2007

PROFESSIONAL AFFILIATIONS

• Member of Texas, Missouri, Kansas and Indiana State Bars
• Admitted to practice before the U.S. Patent and Trademark Office
• Past President of the Houston Young Lawyers Association
• Member, Board of Directors of the Texas Young Lawyers Association
• Served as vice chairman of the Young Lawyers Division of the Patent, Trademark and Copyright Section of the American Bar Association
• Ex-Officio member of the Board of Directors of the Houston Bar Association
• Fellow of the Houston Young Lawyers, Houston and Texas Bar Foundations
• Listed in Who’s Who in American Law and Who’s Who in America

EDUCATION

The University of Kansas, B.S.C.E, 1976; MBA (not completed)
Washburn University, J.D. 1980