Jenner & Block

Richard J. Gray is a litigator.  For over forty years clients have sought his representation in complex civil litigation, including intellectual property, technology, antitrust, class actions and insurance coverage. He has significant experience litigating intellectual property issues, including use of procedures available before the US PTO, antitrust matters in courts and with the Justice Department and consumer class actions involving the telecommunications industry. Mr. Gray also represents insureds in coverage disputes in both federal and state courts. As Of Counsel to the firm, Mr. Gray increasingly serves as a neutral in alternative dispute resolution. He currently serves as a settlement special master in ongoing complex litigation in the US District Court for the Central District of Illinois.  He has experience as an arbitrator and mediator. His service as a neutral is aided by his years of experience as a client advocate in such proceedings. In further preparation for his service as a neutral, Mr. Gray participated in [Northwestern Course].  He is certified to serve as a neutral in arbitrations and mediations in Cook, Lake and DuPage Counties. 

Mr. Gray is AV Peer Review Rated, Martindale-Hubbell’s highest peer recognition for ethical standards and legal ability. Law & Politics recently named him an “Illinois Super Lawyer” in intellectual property litigation. He was also recognized as one of Lawdragon magazine’s “3000 Leading Lawyers in America.” Mr. Gray is a member of the firm’s Complex Commercial Litigation Practice. He has served on the firm’s Management and Diversity Committees. Committed to giving back to his profession, Mr. Gray continues to represent individuals pro bono in civil and administrative proceedings.  In addition to a number of other roles in professional organizations, Mr. Gray has served as a representative on the American Bar Association’s Standing Committee on Federal Judiciary, which evaluates federal judicial nominees for the Senate Judiciary Committee and the White House. He also served as chair of the ABA’s Amicus Curie Committee which selects issues and prepares amicus briefs on behalf of the ABA, primarily addressed to the US Supreme Court. 

Mr. Gray has significant experience in litigating intellectual property issues including use of procedures available before the US PTO. His recent work includes staying US litigation over a patent cross licensing agreement in favor or German arbitration, bringing suit to enjoin the use of trade secrets in the printing industry, counseling a foreign client on the bringing of a patent lawsuit in the United States, defending computer-based training providers against claims of trade secret misappropriation and patent infringement, undertaking a successful ex parte re-examination proceeding before the US PTO and opposing an injunction in a trademark case. He is also experienced in resolving venue disputes presented by competing declaratory judgment and patent infringement suits. Mr. Gray also contributes to the drafting of non-infringement and invalidity opinions, counsels clients on design arounds and has undertaken world-wide intellectual property due diligence evaluations in mergers and acquisitions.

Mr. Gray also has substantial experience in antitrust and consumer class actions involving the telecommunications industry. He represented MCI in the landmark MCI v. AT&T trial which resulted in a $1.8 billion antitrust verdict for MCI. Mr. Gray served as court appointed lead counsel for defendants in In Re Long Distance Telecommunications Litigation, consolidated and individual consumer class actions against virtually all the inter-exchange carriers other than AT&T. He also successfully defeated certification in a consumer class action in the California Superior Court in Sacramento and sustained that decision for MCI in the California Appellate Court. He recently defended a purported class action involving privacy and Telephone Consumer Protection Act claims. Mr. Gray’s antitrust experience also includes defense of an alleged group boycott and an antitrust-based opposition to a threatened dealer termination. He has argued antitrust matters before the Seventh Circuit Court of Appeals and the Office of the Illinois Attorney General.   Mr. Gray also counsels clients, including trade associations, in antitrust matters.

Mr. Gray also represents insureds in insurance coverage disputes in both federal and state courts. His recent work includes representing a medical service provider in obtaining coverage for the costs of the defense of an alleged class action complaint and a software company in obtaining coverage for the defense and settlement of patent and trade secret litigation. He represents several American railroads in long tail environmental, hearing loss and asbestos coverage litigation in which he has obtained numerous favorable settlements. He also successfully obtained a coverage settlement for an antitrust claim under comprehensive general liability policies. He has successfully invoked the coverages of third parties in multiparty underlying environmental disputes. He is familiar with the London market and its operations, and is experienced in efficiently pursuing numerous insurers in a single case. Mr. Gray also has experience in reinsurance matters.