Richard D. Fladung

Member

rfladung@clarkhill.com

Houston
+1 713.951.5626

fax +1 832.397.3520

Richard (Rick) D. Fladung has over 40 years of experience representing clients in complex lawsuits and disputes involving patent, trademark, trade dress, copyright, and trade secret litigation. He has also helped clients obtain and maintain intellectual property portfolios across a wide range of industries, including automotive, manufacturing, retail (including online retailers and shopping centers), hospitality (including health spas and restaurants), food & beverage (including distributors, developers, manufacturers, processors, and owners/operators), transportation, logistics, energy, maritime, fenestration, and education.

In particular, Rick has represented offshore and onshore energy clients in protecting their ideas (patents), brands (trademarks), expression of ideas (copyrights) and trade secrets. While he has represented clients in the offshore rig and associated equipment industry for decades in obtaining, maintaining, and enforcing Intellectual Property and Technology rights, more recently, Rick has represented clients in obtaining worldwide patent and trademark rights on systems and methods for the offshore wind industry.

Rick 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.

Prior to joining Clark Hill, Rick was an equity partner in the intellectual property section of an AMLaw 50 international law firm and a stockholder in the Houston intellectual property law firm of Pravel, Hewitt & Kimball, P.C., one of the largest intellectual property boutiques in the southwest during the 1980s-1990s. During law school, Rick served as a legal aide to the Speaker of the House in the Kansas State Capitol. Before attending law school, Rick acquired engineering experience with a major international consulting engineering firm, which included travel to the Middle East.

Industries

Practice Areas

Education

B.S., University of Kansas, Lawrence, Kansas, 1976, Civil Engineering

M.B.A., University of Kansas, Lawrence, Kansas, 1977, (not completed)

J.D., Washburn University School of Law, Topeka, Kansas, 1980

Recognitions

Named among The Best Lawyers in America – Patent Litigation by Best Lawyers (2017-2021)

Top Rated Lawyer in Intellectual Property Law by Martindale-Hubbell (1985-2023)

Texas Top Lawyers (2013, 2016-2023)

Listed Among “Who’s Who in Energy” by American Cities Journals (2012-2013)

Named among “Who’s Who in the America” 2019-2023 Edition

Memberships

American Bar Association, Patent, Trademark and Copyright Section, former Vice Chair, Young Lawyers Division

Houston Bar Association, Ex-Officio, Board of Directors

Houston Young Lawyers Association, Past President

Texas Young Lawyers Association, Board of Directors

Texas Bar Foundation, Life Fellow

Houston Bar Foundation, Life Fellow

Houston Young Lawyers Foundation, Life Fellow

American Intellectual Property Association (AIPLA), Member (1983 – present), Active member of various committees, Frequent speaker at national meetings

International Trademark Association (INTA), Member

The University of Kansas, Civil, Environmental and Architectural Engineering “CEAE” Advisory Board

State Bar Licenses

Texas

Court Admissions

U.S. Patent and Trademark Office

U.S. District Ct., W.D. of Texas

U.S. District Ct., E.D. of Texas

U.S. District Ct., N.D. of Texas

U.S. District Ct., S.D. of Texas

U.S. Bankruptcy Ct., S.D. of Texas

U.S. District Ct., W.D. of Missouri

U.S. Bankruptcy Ct., W.D. of Missouri

U.S. District Ct., District of Kansas

U.S. District Ct., S.D. of Indiana

U.S. Court of Appeals, Federal Circuit

U.S. Court of Appeals, 5th Circuit

U.S. Supreme Court

There’s No Place Like Home – Supreme Court Ruling on Patent Venues, Strasburger Intellectual Property Blog (May 2017)
US Supreme Court Adopts New Approach to Fee Awards in Copyright Lit, Strasburger Intellectual Property Blog (June 2016)
The Race has started. Are You in the Running?, Strasburger Intellectual Property Newsletter (April 2013)
Developing and Preserving Evidence of Independent Creation in Defense of a Copyright Infringement Lawsuit, Strasburger Health Industry Online (February 2009)
Jury Deliberation of Evidence for Future Damages in Patent Cases: Effect of 2006 U.S. Supreme Court Decision, Strasburger Business & Law Newsletter (September 2008)
Medical Practitioners and Their Related Healthcare Entities Still Have Exposure for Infringement of Patented Medical and Surgical Procedures, Strasburger Health Industry Online (July 2008)
He Which Soweth Bountifully Shall Reap Also Bountifully: Return On Investment For Patenting Healthcare Inventions, Strasburger Health Industry Online (March 2008)
The Patent Law Storm Intensifies, Strasburger Health Industry Online (January 2008)
Surviving the Perfect Storm Brewing Over Patent Law in the Healthcare Industry, Strasburger Health Industry Online (June 2007)
Patent Law Storm To Hit Health Care, Houston Business Journal (June 200
Inventors in Health Care: Preserving Foreign Patent Protection, Strasburger Health Industry Online (August 2006)
Second Wave of Patent Enforcers Try New Tactics, The Texas Lawbook. Subscription Required. (October 2017)

He Which Soweth Bountifully Shall Reap Also Bountifully: Return On Investment For Patenting Healthcare Inventions, Strasburger Health Law Counsel Series (June 2008)
Maximizing Value and Minimizing Risk: Three New Intellectual Property Developments That Will Affect Your Business in 2007, Strasburger Corporate Counsel Series (February 2007)
Automobile Designs: Protecting an Investment in a Legend with Intellectual Property, The Metropolitan Corporate Counsel (June 2005)