- J.D., magna cum laude, 1993, New York University School of Law
- B.S., magna cum laude, 1990, University of Pennsylvania
- Law Clerk to The Honorable W. Eugene Davis, United States Court of Appeals for the Fifth Circuit
Admissions to Practice
- Delaware, 1998
- New York, 1994
Rodger D. Smith II
PartnerTel: (302) 351-9205
Fax: (302) 498-6209
Rodger is a partner in the firm’s Intellectual Property Litigation Group and serves on the firm’s Executive Committee.
With nearly 20 years of experience helping companies solve complex problems, Rodger’s practice focuses on intellectual property and other complicated commercial litigation, with a particular emphasis on patent litigation. The Dow Chemical Company, Acuity Brands, Scientific Games, and Sony Corporation are among the Fortune 1000 companies that have relied on his legal skill and judgment. Prior to joining the firm, Rodger worked as an associate in the Litigation Department at Cravath, Swaine & Moore, where he was involved in a variety of challenging litigation matters. In 2013, he was selected to the IAM Patent 1000 – The World’s Leading Patent Practitioners, and he has been consistently recognized as a leading Delaware patent litigator by Best Lawyers in America and by Chambers USA: Guide to America’s Leading Lawyers for Business. Rodger currently serves as President of the Board of Directors for the Delaware Community Legal Aid Society, Inc., and is a past recipient of the Governor’s Outstanding Volunteer Award and the Kind Policy Award from the Delaware Housing Coalition.
Professional and Community Activities
- President, Board of Directors, Delaware Community Legal Aid Society, Inc.
- Member, American Bar Association
- Member, Federal Bar Association
- Member, Delaware State Bar Association
- IAM Patent 1000 – The World’s Leading Patent Practitioners (2013-2014)
- Chambers USA: America's Leading Lawyers for Business (2012-2014)
- Best Lawyers in America (2009-2015)
- Who’s Who Legal: Patents 2014
- Governor’s Outstanding Volunteer Award (2004)
- Kind Policy Award from the Delaware Housing Coalition (2004)
The Dow Chemical Company v. Nova Chemicals. Represent patentee in patent infringement litigation involving polyethylene blends.
Acuity Brands, Inc. v. Cooper Industries, Inc. Represented patentee in patent infringement litigation involving fluorescent light fixtures.
Cooper Technologies Co. v. Acuity Brands Lighting, Inc. Represented accused infringer in patent infringement litigation involving downlights and emergency exit signs.
Hubbell Inc. v. Acuity Brands Inc. Represented accused infringer in patent infringement and trade dress litigation involving antique pole top luminaires.
W.L. Gore & Associates, Inc. v. Valeo-Sylvania L.L.C. Represented patentee in patent infringement litigation involving headlamp vents.
E.I. du Pont de Nemours & Co. v. Bio-Rad Laboratories, Inc. Represented accused infringer in patent infringement litigation involving fluorometers for measuring fluorescences in conjunction with polymerase chain reactions (PCR).
GTECH Corp. v. Scientific Games Int’l, Inc., et al. Represented accused infringers in patent infringement litigation involving lottery ticket vending machines.
Scientific Games Royalty Corp. v. GTECH Corp. Represented patentee in patent infringement litigation involving group participation lottery games.
American International Group, Inc. v. C.V. Starr & Co., et al. Represented trademark owner in action for temporary restraining order and preliminary injunction for trademark infringement.
QUALCOMM Inc. v. Texas Instruments, Inc. Represented plaintiff in a breach of contract action involving a patent portfolio agreement.
Pharmacia Corp. v. Par Pharmaceutical, Inc. Represented patentee in Hatch-Waxman litigation concerning generic pharmaceutical composition for the treatment of glaucoma and ocular hypertension.
Pharmacia Corp. v. Alcon Laboratories, Inc. Represented patentee in patent litigation concerning pharmaceutical compositions for the treatment of glaucoma and ocular hypertension.
Bayer AG v. Sony Electronics, Inc. et al. Represented accused infringers in patent litigation concerning magnetic metal particles used in manufacturing magnetic recording tapes.
- 28 Morris Nichols Lawyers Listed in The Best Lawyers in America® 2015
Morris Nichols is pleased to announce that 28 firm attorneys were selected for inclusion in the 2015 edition of The Best Lawyers in America®. Two partners received special recognition as 2015 Delaware Lawyer of the Year: Jack B. Blumenfeld for Litigation-Patent, and Kenneth J. Nachbar for Bet-the-Company Litigation.
- Four Morris Nichols Partners Listed Among Top Patent Attorneys in Who’s Who Legal: Patents 2014
Jack B. Blumenfeld, Karen Jacobs, Maryellen Noreika, and Rodger D. Smith, II have been named in the Who’s Who Legal: Patents 2014, an independent research guide on the world’s leading patent lawyers.
- Intellectual Asset Management Ranks Morris Nichols in Delaware Top Tier
The 2014 edition of IAM Patent 1000 – The World’s Leading Patent Practitioners ranked Morris Nichols in the gold tier for Delaware, noting the firm “is a first port of call for litigators seeking local counsel in Delaware.”
- Chambers USA 2014 Names 21 Morris Nichols Attorneys and 4 Practice Groups as Best in Delaware
Chambers annually conducts in-depth interviews of commercial users of legal services to assess the strengths and reputations of US attorneys. Rankings are based on technical legal ability, professional conduct, client service, commercial astuteness, diligence, commitment, and other qualities most valued by clients.
- 2014 Chambers USA Directory Ranks 21 Morris Nichols Attorneys as 'Leaders in their Field"
- Morris Nichols Attorneys Named to 2014 Best Lawyers in America – 60 Practice Specialty Selections; 22 Top-Listed Practice areas; 5 Delaware Lawyers of the Year
Morris Nichols is pleased to announce that two thirds of the firm's partnership have been selected for inclusion in the 2014 edition of The Best Lawyers in America.
- Chambers USA 2013 Names 17 Morris Nichols Attorneys and 4 Practice Groups as Best In Delaware
The 2013 edition of Chambers USA: America’s Leading Lawyers for Business today ranked seventeen Morris Nichols’ attorneys and four practice groups as best in Delaware.
- 28 Morris Nichols Attorneys Named to The Best Lawyers in America 2013
28 Morris Nichols attorneys have been named to The Best Lawyers in America 2013 in twenty two practice areas.
- Morris Nichols serves as Delaware counsel for Successful Patent Litigation Team in Dow Chemical’s $61.7 Million Patent Infringement Verdict
Rodger Smith served as Delaware counsel on the patent litigation team that successfully represented The Dow Chemical Co. in its recent patent infringement trial against rival Nova Chemicals.