[1][2][5][6] Rich took an active role in the work of the New York Patent Law Association[1][5] when it undertook to introduce and foster legislation to address the Supreme Court's Mercoid cases, which virtually destroyed the doctrine of contributory infringement.
[12] After passing both houses without substantial debate, as part of a "consent bill", it was signed into law by President Truman in 1952, to take effect in 1953.
Rich was reassigned by operation of law to the United States Court of Appeals for the Federal Circuit on October 1, 1982, to a new seat authorized by 96 Stat.
"[18] Judge Rich's judicial opinions include some of those most groundbreaking, influential, and controversial to modern U.S. patent law.
He had earlier stated, in a law review article written not long after the passage of the 1952 Patent Act,[21] that Section 101 of the Act denied patent protection to business methods, observing that the diaper service, "one of the greatest inventions of our times," was patent-ineligible because it was a business method.
[22] Judge Rich was an outspoken critic of the Supreme Court and Justice Department when they took positions on patent law in opposition to those which he advocated.
[25] This episode was part of a long-running controversy about how the 1952 Patent Act should be interpreted − was it a mere re-codification of prior law without substantive change or did it break new ground?
Judge Rich took the position that it broke new ground and that special deference should be given his views because of his relation to the process as one of the principal draftsmen of the bill (the co-draftsmen were Henry Ashton and P.J.
[26] A contrary view – that Congress intended no major substantive change – is reflected in the concurring opinion of Justice Hugo Black in Aro Mfg.
Co. v. Convertible Top Replacement Co.[27] In 1992 Rich earned special recognition from President Bush for his contributions to the U.S. patent code.
[28] That same year, Rich was also honored with an American Inn of Court established in his name to foster professionalism, ethics, civility, and legal skills in the area of intellectual property.
Moot Court Competition Archived 2016-08-12 at the Wayback Machine, run by the American Intellectual Property Law Association, starting in 1974, was named after him.
[5][6] At the time of his death, he was survived by his second wife, Helen; his daughter, Verity Rich Hallinan; a granddaughter; a niece, Eleanor Van Staagen Mitchell; and a nephew.
[3][7][32] Rich died of lymphoma on June 9, 1999, at Sibley Memorial Hospital in Washington, D.C.[1][2][3][4][7] We have observed with regret that the briefs filed by the Solicitor General .