Rodger D. Smith II

Partner

(302) 351-9205 T
(302) 498-6209 F

Rodger is recognized as a leading Delaware patent litigator by The Best Lawyers in America and by Chambers USA: Guide to America’s Leading Lawyers for Business.

Rodger is a partner in the Intellectual Property Litigation Group and serves as chair of the Firm’s Executive Committee.

With more than 20 years of experience helping companies solve complex problems, Rodger’s practice focuses on intellectual property and other complex commercial litigation, with a particular emphasis on patent litigation. The Dow Chemical Company, DISH Network, Smith & Nephew, and Sony Electronics are among the companies that have relied on his legal skill and judgment.

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 The Best Lawyers in America and by Chambers USA: Guide to America’s Leading Lawyers for Business. He has been named among the leading patent lawyers in Delaware by Who’s Who Legal.

Professional Activities

  • American Bar Association
  • Delaware State Bar Association
  • Federal Bar Association

Community Activities

  • Delaware Community Legal Aid Society, Inc. (Past President, Board of Directors)
  • Delaware Housing Coalition (Kind Policy Award recipient)

Representative Matters

  • Represented patentee in patent infringement litigation involving polyethylene blends.  The Dow Chemical Company v. Nova Chemicals
  • Served as counsel to patentee in patent infringement litigation involving fluorescent light fixtures.  Acuity Brands, Inc. v. Cooper Industries, Inc.
  • Defended accused infringer in patent infringement litigation involving downlights and emergency exit signs.  Cooper Technologies Co. v. Acuity Brands Lighting, Inc.
  • Represented accused infringer in patent infringement and trade dress litigation involving antique pole top luminaires.  Hubbell Inc. v. Acuity Brands Inc.
  • Acted as counsel to patentee in patent infringement litigation involving headlamp vents.  W.L. Gore & Associates, Inc. v. Valeo-Sylvania L.L.C.
  • Represented accused infringer in patent infringement litigation involving fluorometers for measuring fluorescences in conjunction with polymerase chain reactions (PCR).  E.I. du Pont de Nemours & Co. v. Bio-Rad Laboratories, Inc.
  • Defended accused infringers in patent infringement litigation involving lottery ticket vending machines.  GTECH Corp. v. Scientific Games Int’l, Inc., et al.
  • Served as counsel to patentee in patent infringement litigation involving group participation lottery games.  Scientific Games Royalty Corp. v. GTECH Corp.
  • Represented trademark owner in action for temporary restraining order and preliminary injunction for trademark infringement.  American International Group, Inc. v. C.V. Starr & Co., et al.
  • Represented plaintiff in a breach of contract action involving a patent portfolio agreement.  QUALCOMM Inc. v. Texas Instruments, Inc.
  • Acted as counsel to patentee in Hatch-Waxman Abbreviated New Drug Application (ANDA) litigation concerning generic pharmaceutical composition for the treatment of glaucoma and ocular hypertension.  Pharmacia Corp. v. Par Pharmaceutical, Inc.
  • Represented patentee in patent litigation concerning pharmaceutical compositions for the treatment of glaucoma and ocular hypertension.  Pharmacia Corp. v. Alcon Laboratories, Inc.
  • Defended accused infringers in patent litigation concerning magnetic metal particles used in manufacturing magnetic recording tapes.  Bayer AG v. Sony Electronics, Inc. et al.

News

Chambers USA 2015 Ranks 23 Morris Nichols Attorneys and 4 Practice Groups Among the Best in Delaware

Wilmington, DE (May 19, 2015) – The 2015 edition of Chambers USA: America’s Leading Lawyers for Business ranked Morris, Nichols, Arsht & Tunnell LLP as a Band 1 law firm in the Delaware categories for Bankruptcy/Restructuring, Chancery, Corporate M&A & Alternative Entities, and Intellectual Property. Twenty-three... Continue Reading

2015 Patents Expert Guide Recognizes Three Morris Nichols Partners

Wilmington, DE (March 1, 2015) – Patents Expert Guide has released its 2015 international guide to the top legal practitioners advising on patent law.  Morris Nichols partners Jack B. Blumenfeld, Karen Jacobs, and Rodger D. Smith II are recognized in the United States listing. The 2015 Patents Expert Guide covers 62 jurisdictions... Continue Reading

28 Morris Nichols Attorneys Listed in The Best Lawyers in America® 2015

Wilmington, DE (August 18, 2014) – Twenty-eight attorneys from Morris, Nichols, Arsht & Tunnell were selected for inclusion in the 2015 edition of The Best Lawyers in America®. The results are based on peer-review evaluations from more than 50,000 attorneys. Two partners received special recognition as 2015 Delaware Lawyer of the... Continue Reading

Four Morris Nichols Partners Listed Among Top Patent Attorneys in Who's Who Legal: Patents 2014

Wilmington, DE (June 13, 2014) – Four Morris, Nichols, Arsht & Tunnell lawyers have been named in the Who’s Who Legal: Patents 2014, an independent research guide on the world’s leading patent lawyers. Jack B. Blumenfeld, Karen Jacobs, Maryellen Noreika, and Rodger D. Smith, II are among 670 experts in 57 worldwide... Continue Reading

Intellectual Asset Management Ranks Morris Nichols in Delaware Top Tier

Wilmington, DE (June 2, 2014) – 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.” In addition to this top firm ranking, five Morris Nichols’... Continue Reading

Chambers USA 2014 Names 21 Morris Nichols Attorneys and 4 Practice Groups as Best in Delaware

Wilmington, DE (May 23, 2014) – The 2014 edition of Chambers USA: America’s Leading Lawyers for Business today ranked twenty-one Morris Nichols’ attorneys and four practice groups as best in Delaware.  Chambers annually conducts in-depth interviews of commercial users of legal services to assess the strengths and reputations... Continue Reading

2014 Chambers USA Directory Ranks 21 Morris Nichols Attorneys as 'Leaders in their Field"

Wilmington, DE (March, 2014) – The Firm congratulates its 21 attorneys who will be included in the 2014 Chambers USA “Leaders in their Field” legal directory by Chambers & Partners. Several practices and lawyers are recognized in more than one area. Delaware A Gilchrist Sparks III, Chancery & Corporate /M&A Derek... Continue Reading

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

Wilmington, DE (August 21, 2013) – 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.  The firm was noted for 60 individual specialty selections, 22 "Top-Listed" practice specialties, and five individual 2014 Delaware Lawyers... Continue Reading

Chambers USA 2013 Names 17 Morris Nichols Attorneys and 4 Practice Groups as Best In Delaware

Wilmington, DE (May 24, 2013) – 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.  Chambers annually conducts in-depth interviews of commercial users of legal services to assess the strengths and reputations... Continue Reading

28 Morris Nichols Attorneys Named to The Best Lawyers in America 2013

Wilmington, DE (August 31, 2012) – 28 Morris Nichols attorneys have been named to The Best Lawyers in America 2013 in twenty two practice areas. Morris Nichols lawyers were selected for outstanding reputations and distinguished work in their practice areas based on a confidential peer-review survey of the top attorneys in the country,... Continue Reading

Morris Nichols serves as Delaware counsel for Successful Patent Litigation Team in Dow Chemical's $61.7 Million Patent Infringement Verdict

Wilmington, DE – July 8, 2010 – Morris Nichols’ Intellectual Property Litigation Group partner Rodger D. Smith II 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. After a two week trial, the District of... Continue Reading

Chambers USA 2009 Names 20 Morris Nichols Attorneys and Five Practice Groups as Best in Delaware

Wilmington, DE – June 12, 2009 – The 2009 edition of Chambers USA:  America’s Leading Lawyers for Business today ranked twenty Morris Nichols’ attorneys and five practice groups as best in Delaware. Chambers annually conducts in-depth interviews of commercial users of legal services to assess the strengths and... Continue Reading