Fish & Richardson

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intellectual property litigation, and business litigation. Fish delivers cutting-edge ... business insight enriched by d
| The Firm |

Fish & Richardson

Fish & Richardson is a leading global law firm with more than 375 attorneys and technology specialists practicing intellectual property strategy and counseling, intellectual property litigation, and business litigation. Fish delivers cutting-edge legal work for innovative clients that value their intellectual property—at a cost that is an outstanding value.

|1893| Charles Neave joins firm

|1883–93| |1878|

|1889|

Firm successfully represents Alexander Graham Bell in more than 600 telephone patent cases

Frederick P. Fish and former US Senator Bainbridge Wadleigh, who chaired the Senate’s Committee on Patents, open the law firm of Wadleigh & Fish in Boston

|1887|

William K. Richardson joins firm

US Supreme Court upholds Bell’s telephone patent in a decision that fills an entire volume of Supreme Court reports

| Introduction | For more than 130 years, Fish and Richardson has been serving great innovators—protecting and defending big ideas and helping clients build successful businesses on a foundation of creative ingenuity. With a superior reputation for consistent, high-quality work in all our practice areas, we serve the needs of all types and sizes of clients, from start-ups to multinational corporations to world-renowned academic and research institutions. With 11 offices in the United States and Germany, we have the resources of a global IP powerhouse, the expertise of a boutique, and the personal service that comes with a local presence. Our mission is to help our clients become the technology leaders of today and tomorrow. Our premier patent litigation practice is among the most respected intellectual property strategic counseling practices in the world. Corporate Counsel named us the #1 patent litigation firm in the country for eight years running and a top IP firm for America’s biggest companies. Other recent honors include being named top patent prosecution firm by Managing Intellectual Property and declared the patent law firm of the year by

US News and Best Lawyers. Clients value Fish, saying our attorneys have superb legal skills, provide excellent client service, and are best-in-class in terms of their commitment to helping clients. Fish delivers superior value by providing strategic business insight enriched by deep technical and legal expertise to clients who value intellectual property—setting us apart from both general practice firms and IP boutique practices. More than 60 of the firm’s professionals have PhDs in a broad spectrum of industries and technologies, and we have legal staff trained in virtually every technical field. But we are more than just an IP firm—we offer our clients exceptional service in the complementary areas of business litigation and regulatory law.

|1913|

|1901–07| Mr. Fish takes leave from law practice and serves as president of AT&T

|1895|

|1907|

Firm helps Wright Brothers prevail over Glenn Curtiss in infringement case involving the 1906 “Flying Machine” patent

Mr. Fish is offered but declines the presidency of MIT

US Supreme Court upholds Thomas A. Edison’s lightbulb patent

The Global Advantage

A Commitment to Diversity

As one of the world’s premier intellectual property and litigation firms, Fish works with clients to protect and enforce intellectual property rights globally, providing portfolio strategy and representation in multinational litigation. Our office in Munich, Germany—home to the European and German patent offices and the German Federal Patent Court—serves clients’ needs throughout Europe. From this office we are able to deliver significant cost savings through the efficiency of inter-office collaboration on US/EU matters. Our extensive network of relationships with counsel around the world ensures we are ready to provide comprehensive IP services in virtually any jurisdiction.

Fish is involved in a broad range of efforts dedicated to furthering diversity in our firm and in the larger legal community, and we recognize that diverse backgrounds provide unique perspectives that result in better solutions for our clients. Through our Diversity Initiative, we support attorneys and staff at all stages of their careers, from recruitment to professional development and retention.

We have an international presence and are ready to provide comprehensive IP services for virtually any jurisdiction in the world.

For the Public Good Pro bono work is an integral part of our professional culture, so we strongly encourage all our legal professionals to take on pro bono matters as a core part of their professional development. We back up this commitment by providing our attorneys with full credit for approved pro bono matters, and all our US offices seek opportunities to provide pro bono assistance in their local communities.

|1969| Boston and New York offices separate into two firms, with the Boston office taking the name Fish & Richardson and the NY office taking Fish & Neave

|1986| Firm helps Dyonics obtain the first patent awarded for an arthroscopic surgery instrument

Firm helps Bose obtain patent for “Pressure Wave Transducing” technology used in its WAVE® radio

Firm helps Salomon and Carlos Hakim obtain patents for programmable cerebrospinal fluid

| Litigation | Fish’s global litigation practice has a proven record of successfully handling high-tech, high-stakes matters for clients ranging from the world’s largest corporations to start-ups and individuals.

We are widely recognized as

Intellectual Property Litigation

world and have won some of

We are widely recognized as having the premier patent litigation practice in the world, handling more patent litigation than any other firm. Fish has won some of the most significant patent cases of the last decade. We are an IP litigation powerhouse enforcing and defending the gamut of intellectual property claims. Our exceptional technical expertise sets us apart from other firms, and our substantial trial experience enables us to present complex issues to judges and juries in language they readily understand.

having the premier patent litigation practice in the the most significant patent cases of the last decade. International Trade Commission More companies trust Fish for ITC litigation than they do any other firm. We are involved in roughly a quarter of all patent matters at the International Trade Commission and offer our clients the strongest, most experienced team practicing before the ITC today. The ITC’s expedited schedule makes it possible to resolve IP issues involving imported goods both quickly and forcefully. Our lawyers are skilled in patent law and knowledgeable about the ITC’s unique rules and procedures.

|1988|

|1997|

Firm obtains first patent on an animal: Harvard University’s “Harvard Mouse”

Firm’s patent win for Adobe Systems Incorporated is one of the most significant defense verdicts of the year

|1993| |1991|

Firm obtains patent for synthetic ivory for piano keys for Steinway

Firm wins $129 million for 3M in a patent and trade secrets case against Johnson & Johnson Orthopedics

|1996| Boston Athletic Association selects Fish as trademark counsel for the 100th Boston Marathon

Hatch-Waxman

Appellate

Fish has particular strength and expertise litigating on behalf of innovator pharmaceutical companies in Paragraph IV patent challenges under the Hatch-Waxman Act. We place Hatch-Waxman issues properly into the broader context of pharmaceutical competition and the regulatory and commercial infrastructure of drug innovation, and we use a multidisciplinary legal strategy for maximizing exclusivity for clients. Our thriving Hatch-Waxman practice has successfully handled numerous cases for leading pharmaceutical and life sciences companies, helping clients navigate these rapidly changing industries.

We are one of the most active appellate law firms handling high-profile, high-stakes intellectual property cases before the United States Court of Appeals for the Federal Circuit. Our impressive team of appellate attorneys has the highest technical and legal qualifications and includes more than 25 former Federal Circuit clerks.

We are involved in roughly a quarter of all patent matters at the International Trade Commission and offer our clients the strongest, most experienced team practicing before the ITC today.

Business Litigation Our broad and multifaceted business litigation practice handles a wide range of complex litigation. The firm’s commercial litigators have nationwide jury trial experience in high-stakes, high-tech matters, and our attorneys have experience advising corporate boards as well as individual directors and officers. The business litigation practice includes expertise in such areas as chancery and corporate governance, employment and executive mobility, False Claims Act/qui tam, white collar defense and government investigations, trade secrets, breach of contract, antitrust, and other commercial litigation issues.

|2000| Firm helps Repligen acquire patent rights for use of secretin in treating autism

Firm wins summary judgment for Marconi Communications in patent infringement case against Bell Communications Research

|1999|

|2001|

Firm successfully defends Chroma Technology Corp. in largest-ever Vermont trade secrets case

Firm helps UMASS/Children’s Medical Center Corporation obtain patent based on tissue engineering work of Charles, Joseph, and Martin Vacanti

| Patent | Consistently ranked as the leading patent firm in the United States, we pride ourselves on providing the science and technology communities with advanced, strategic patent services that maximize the value of intellectual property.

We pride ourselves on

Technology Expertise, Legal and Business Acumen

advanced, strategic patent

The strength of our practice comes directly from our attorneys. Many held in-house positions prior to joining Fish, worked in labs as scientists and technologists, and/or worked at the USPTO as patent examiners. Many hold PhDs and other advanced degrees, and remain involved in industry organizations. Immersion in the industries we serve means that we understand our clients’ businesses, as well as the law. This allows us to communicate effectively with inventors to ramp-up quickly and reduce costs, and with management to evaluate and maximize entire portfolios to ensure that investments in IP yield the highest-possible returns.

Post-Grant Proceedings Fish is the most active firm in patent reexamination. The combination of our leading patent and litigation practices and our experience in European opposition proceedings positions our reexamination team to successfully advise clients across the array of post-grant matters stemming from the America Invents Act.

providing the science and technology communities with services that maximize the value of intellectual property.

Patent services include the following: • • • • • • • • • •

Patent prosecution Worldwide patent portfolio strategy, planning, analysis, and development Opinions IP due diligence Licensing Patent searches Cost-reduction and cost-benefit analysis of patent strategies Patent interference Post-grant proceedings, including patent reexamination Oppositions (Europe)

|2005| |2002|

Firm’s defense of Microsoft’s “smart-tag” technology listed among The National Law Journal’s “Top Defense Wins”

IP Law & Business honors Fish as a Top ITC Litigation Firm

Firm leads all US firms in patent litigation for two straight years

|2006| Fish adds Amazon.com as a client

| Trademark | Fish is among the top trademark firms in the US, filing more than 1,000 trademark applications annually around the globe. We are a firm of choice for global brand protection, and our clients own some of the most recognizable trademarks in the world. Fish has a practical, business-oriented approach to managing large, international trademark portfolios and developing unique, protectable trademarks. Our experience ranges from trademark counseling, prosecution, and clearance work to complex enforcement and litigation.

Trademark Enforcement and Litigation As a firm, we have litigated innumerable trademark, unfair competition, and trade dress infringement cases, and our attorneys have extensive experience before the US Patent and Trademark Office’s Trademark Trial and Appeal Board (TTAB) and in federal court. We also pride ourselves on finding creative solutions that allow our clients to reach favorable out-of-court settlements when that is their desire.

Domain Names We have developed a significant practice policing and enforcing trademark rights on the Internet and have successfully helped clients with global domain name strategy and enforcement. We also remain at the forefront of new developments in domain name policy and dispute resolution, including the latest changes in generic top-level domains (gTLDs). Our team also has unique expertise handling cybersquatting issues under the Uniform Domain Name Dispute Resolution Policy (UDRP) and through civil actions in federal court.

FishLink® Extranet Always at the forefront of technology, Fish is proud to offer our clients FishLink Extranet— a secure, password-protected Web portal that gives clients direct access to their trademark and patent portfolios online. Updated daily, FishLink Extranet lets clients instantly print status, docket, and maintenance reports and check the status of pending opposition and cancellation proceedings worldwide.

|2006| Firm named the largest IP firm in the world

|2007| Firm honored as a Top Trademark Litigator by IP Law 360

|2009| |2008| Fish ranks as top patent firm for the world’s 50 most innovative companies

Managing Intellectual Property cites Fish for having two of the top 10 IP cases in 2009 (In re Bose Corporation and Prometheus v. Mayo)

| Copyright | Fish’s copyright practice represents companies, investors, and individuals who create, own, and manage social networks, interactive and online content, computer programs, music, films, visual art, and architectural works, among other properties. With comprehensive counseling, cost-effective filing strategies, and innovative development opportunities, our copyright practice helps clients develop, protect, and maximize the value of their copyrightable works.

Transactions and Counseling

We work with clients to

Copyright Litigation

prevent copyright infringement, seek damages from infringers, and defend against infringement claims on the Internet and elsewhere.

Fish’s copyright attorneys work with clients both large and small to negotiate, draft, and advise on all types of agreements pertaining to copyright. We advise clients on registration practices and policies, acquisitions, sales, and licensing matters, including fair use and open source issues. Our attorneys have experience with new media and the Digital Millennium Copyright Act and capably handle the sophisticated legal and technological issues that confront today’s copyright holders.

Fish represents clients in an array of copyright and related matters in state and federal courts and in mediation and arbitration settings, whether those copyright issues form the heart of an infringement action or arise as part of a larger dispute. We work with clients to prevent copyright infringement, seek damages from infringers, and defend against infringement claims on the Internet and elsewhere.

|2010| Firm ranked #1 patent litigation firm by Corporate Counsel for seventh straight year

Firm wins jury trial for Fresenius Medical Care

Firm wins Federal Circuit appeal for Covidien in patent case

Firm’s reversal of $1.5B verdict against Microsoft named among “Top 10 Litigation Wins of 2008” by IP Law & Business

| Regulatory | Based in Fish’s Washington, D.C., office, the professionals in our multidisciplinary regulatory and government affairs group help clients successfully navigate a labyrinth of domestic and foreign regulations, enabling them to limit potential exposure to liability, deftly manage crisis situations, and maximize business opportunities. Our regulatory attorneys have experience practicing before a wide range of federal agencies, including the Federal Communications Commission (FCC), Food and Drug Administration (FDA), Department of Defense (DoD), Federal Trade Commission (FTC), and various bureaus and offices of cabinet-level executive departments. Although our team advises clients on a multitude of issues, we have special expertise in the telecommunications industry, including FCC compliance and enforcement, broadband and power-line issues, and spectrum leasing. Our attorneys also have experience handling FDA issues, including drug and biologic regulation, Hatch-Waxman matters, and medical device approvals and compliance.

Our practice areas include the following: • • • • • •

Telecommunications and technology Drug and medical device regulation Export controls, foreign policy, and national security issues Satellites and space systems Advertising and marketing Privacy and data security

Our multidisciplinary regulatory and government affairs group helps clients successfully navigate a labyrinth of domestic and foreign regulations.

Firm wins $28M verdict for video game legend Richard Garriott

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Fish & Richardson

© 2012 Fish & Richardson P.C. All rights reserved. Published June 2012.