SharePrinter-friendly versionSend by emailA TitleA TitleA Title A A A Ralph A. Mittelberger TabsetOverviewBar & Court Admission Bar & Court Admissions District of Columbia Bar Maryland Bar Virginia Bar US Patent and Trademark OfficeSupreme Court of the United StatesUS District Court, District of ArizonaUS District Court, District of MarylandUS District Court, Eastern District of VirginiaUS Court of Appeals, Federal CircuitUS District Court, District of Columbia Education Georgetown University, JD, 1975 Massachusetts Institute of Technology, SM, (civil engineering), 1970 Massachusetts Institute of Technology, SB, (civil engineering), 1968 Massachusetts Institute of Technology, SB, (economics), 1968 Ralph A. MittelbergerCounselWashington, DC T 202.857.6303 E ralph.mittelberger@arentfox.com Download vCard Ralph Mittelberger is a member of the intellectual property and litigation groups. He has extensive litigation experience in the areas of patents, trademarks, trade secrets, unfair competition, and antitrust. An AV- rated attorney, Ralph has successfully represented foreign and domestic clients before a wide variety of trial and appellate tribunals for more than 25 years. He is recognized as a leader in the Section 337 bar, has spoken and written on this topic in Europe, Asia, and the United States, and has held leadership positions in professional organizations including the International Trade Commission (ITC) Trial Lawyers Association (president and board member) and the American Intellectual Property Law Association (chair of the ITC and the Antitrust Committees). Client Work Ralph has appeared before the US International Trade Commission, the Patent and Trademark Office, the Federal Trade Commission, and in US and state trial courts across the United States, the US Court of Appeals for the Federal Circuit, and other appellate courts. Selected matters include: Certain Integrated Circuits, USITC Inv. No. 337-TA-709. Successfully represented respondents by demonstrating through cross-examination of the complainant’s expert witness that the factual basis of the entire case was fatally flawed. Certain Bulk Welding Wire, USITC Inv. No. 337-TA-686. Successfully represented respondents before the ITC Administrative Law Judge and the full Commission. Certain Composite Wear Components, USITC Inv. No. 337-TA-644. Represented an Italian company accused of patent infringement and effected a favorable global settlement of disputes between the parties in Europe and the United States. Certain Devices for Determining Organ Positions, USITC Inv. No. 337-TA-555 and Varian Medical Systems, Inc. et al. v. Resonant Medical (W.D.Wash); represented US and French companies in patent infringement cases involving medical devices used in radiation therapy. Cerner Corp. v. VISICU Inc. (W.D. Missouri); represented the defendant in declaratory judgment action involving allegations of patent, Lanham Act, and state unfair competition claims involving medical equipment and processes. TeleSpectrum Inc. v. SER Solutions, Inc. (E.D. Virginia); represented plaintiff in an unfair competition case involving electronic and telecommunications equipment In re Enron Corp. (S.D. New York); represented creditor with multibillion dollar claims against debtors. MicroStrategy, Inc. v. J.C. Penney Corp. (E.D. Virginia); counseled plaintiff in software case involving copyright infringement. Minnesota Mining & Mfg. Co. v. Kinik Co. (D. Arizona) and Sung v. Minnesota Mining & Mfg. Co. (E.D. Texas); represented 3M in patent infringement cases involving abrasive equipment used to make semiconductors. Certain Abrasive Products and Processes for Making Same, USITC Inv. No. 337-TA-449; represented complainant before the USITC and the Federal Circuit in patent-based case involving importation of abrasive products used to make semiconductors. Freeman v. The First Years Inc. (D. Kansas); represented defendant in case involving alleged patent infringement by consumer product. Certain Safety Eyewear, USITC Inv. No. 337-TA-433; represented complainants in case involving infringement of safety eyewear utility and design patents and misappropriation of trade dress by US and Taiwanese respondents. Cabot Corp. v. Minnesota Mining & Mfg. Co. (D. Indiana); represented defendant in district court and before the Federal Circuit in case involving alleged infringement of utility and design patents by hearing protection devices. Terumo Corp. v. Cook Industries, Inc. (E.D. Virginia); counseled Japanese plaintiff in patent infringement case involved medical guide wires. Certain Coated Optical Waveguide Fiber, USITC Inv. No. 337-TA-410; represented US, Chinese, and Dutch respondents accused of infringing patent on process for making optical waveguide fibers. Certain Lens Fitted Film Packages, USITC Inv. No. 337-TA-406; represented US and Chinese respondents in case involving alleged infringement of utility and process patents for single use cameras. BASF Corp. v. Eastman Chemical Co. (D. Delaware); represented defendant accused of infringing patent on a method of performing a catalyzed chemical reaction. Pulse Electronics, Inc. v. Quantum Engineering, Inc. (M.D. Florida); represented plaintiff in case involving misappropriation of trade secrets. Certain Vehicle Security Systems, USITC Inv. No. 337-TA-378; represented US and Chinese respondents accused of infringing patent on electronic circuits before the USITC and the Federal Circuit. Previous Work Before joining the firm, Ralph was a partner in two other firms and, before that, was the Supervisory Attorney and Chief of the Patent Branch of the Office of Unfair Competition of the US International Trade Commission and a trial attorney with the Department of Justice. While attending Georgetown University, Ralph was Special Projects Editor of the International Law Journal, served as a Law Fellow, and clerked at the U.S. Department of Justice. Publications, Presentations and Recognitions Ralph has written articles about the US International Trade Commission, litigation, and patent issues that have been published in the United States, Taiwan, Japan, Hong Kong, and China. He also has given lectures about these topics worldwide. His publications include: “China as a Major Target of Patent-based Investigations by the US International Trade Commission,” Hong Kong Lawyer “Analyze the Risks of Cases Involved in Section 337: Tactically Solve the Crisis of ‘337 Investigations,’” China Intellectual Property “ITC Proves Useful Resource for Life Science Firms,” The National Law Journal “Patents: What Every Engineer Should Know,” Civil Engineering Newsroom Date Type Title 10 / 9 / 2012 Press Release American Lawyer and Martindale-Hubbell Recognize 46 Arent Fox Lawyers Across 19 Practice Areas as "Top Rated Lawyers" 10 / 18 / 2011 Event Arent Fox Counsel Ralph Mittelberger to Chair Panel Discussion at ACI’s “Managing Complex ITC Litigation” 6 / 21 / 2011 Media Mention Arent Fox Ranked in Top Tier of Section 337 ITC Firms 5 / 5 / 2009 Event Enforcing Intellectual Property at the US International Trade Commission: An Increasingly Powerful Tool for IP Owners and Their Attorneys 1 / 27 / 2009 Event ACI’s ITC Litigation: Managing and Litigation High-Stakes Section 337 Actions Under Extreme Constraints 11 / 12 / 2008 Event BNA's Pharmaceutical Patent Law Conference - A Prescription for Success in Challenging Times 11 / 8 / 2007 Event The Business of Intellectual Property Conference Part #3 6 / 25 / 2007 Event Extraterritorial Enforcement of Private Intellectual Property Rights 9 / 29 / 2006 Event Carolina Patent, Trademark, and Copyright Law Association Annual Fall Meeting 11 / 15 / 2005 Press Release Ralph Mittelberger Joins Arent Fox Intellectual Property & Litigation Practice Deals & Cases TeleSpectrum Inc. v. SER Solutions, Inc. TeleSpectrum Inc. v. SER Solutions, Inc. (E.D. Virginia); represented plaintiff in an unfair competition case involving electronic and telecommunications equipment People: Ralph A. Mittelberger Arent Fox Engages in Patent Infringement Challenge Involving Hearing Protection Devices In Cabot Corp. v. Minnesota Mining & Mfg. Co. (D. Indiana), Arent Fox represented the defendant in district court, and before the Federal Circuit, in a case involving alleged infringement of utility and design patents by hearing protection devices. People: Ralph A. Mittelberger Industries: Medical Devices MicroStrategy, Inc. v. J.C. Penney Corp. MicroStrategy, Inc. v. J.C. Penney Corp. (E.D. Virginia); counseled plaintiff in software case involving copyright infringement. People: Ralph A. Mittelberger Freeman v. The First Years Inc. Involving Patent Infringement Freeman v. The First Years Inc. (D. Kansas): Arent Fox represented defendant in a case charging patent infringement of a consumer product. People: Ralph A. Mittelberger BASF Corp. v. Eastman Chemical Co. Involving Patent Infringement BASF Corp. v. Eastman Chemical Co. (D. Delaware); represented defendant accused of infringing patent on a method of performing a catalyzed chemical reaction. People: Ralph A. Mittelberger Defense Against Declaratory Judgment Involving Medical Equipment and Allegations of Unfair Competition Cerner Corp. v. VISICU Inc. (W.D. Missouri): Ralph Mittelberger represented the defendant in a declaratory judgment action involving patent, Lanham Act, and state unfair competition claims involving medical equipment and processes. People: Ralph A. Mittelberger Practices: Commercial Litigation Industries: Medical Devices