Richard A. Ejzak

Mr. Ejzak is a litigator who specializes in appellate practice, both state and federal. He is the firm’s Appellate Litigation Group Head. Mr. Ejzak’s areas of focus include:

• insurance coverage
• intellectual property
• shareholder disputes

Representative Matters

The Forest Group, Inc. v. Bon Tool Company, 590 F.3d 1295 (Fed. Cir. 2009) – lead counsel in landmark intellectual property case that established new framework for imposing fines for false marking under the Patent Act. 

Sunbeam Corp. v. Liberty Mutual Ins. Co., 781 A.2d 1189 (Pa. 2001) – principal draftsman in landmark environmental insurance coverage case that resulted in rejection of pro-insurer interpretation of “sudden and accidental” pollution exclusion by Pennsylvania Supreme Court. 

Kvaerner U.S., Inc. v. Blaine Construction Corp., Nos. 03-2929, 03-2966 (3d Cir.) –lead appellate counsel on $30 insurance claim for construction project which settled on the eve of filing petition for writ of certiorari with the United States Supreme Court

Munroe, Inc. v. PSF Industries, Inc., No. 528 WAL 2009 (Pennsylvania Supreme Court) – lead appellate counsel in reversing jury verdict on breach of contract case under Uniform Commercial Code

California Scents v. Pestco, Inc., No. 00-56763 (9th Cir.) – lead appellate counsel on trade dress infringement action

Articles

Co-author, Pennsylvania’s New Limit on Asbestos Liability for Successor Corporations, Environmental Claims Journal, Vol. 14, No. 3, Summer 2002

Co-author, Appealable Orders Under the Pennsylvania Rules of Appellate Procedure, Pennsylvania Bar Institute No. 1994-869

Co-author, Admissibility of Novel Scientific Theories to Prove Causation in Toxic Tort Litigation, Pennsylvania Bar Institute No. 1992-752