January 11, 2010 by Robert Tharp at 3:27:46 pm
Law firms fortunate enough to find themselves on The American Lawyer's short list for "IP Litigation Firm of the Year" can typically point to a certain case or a specific line of work that is responsible for the national recognition. Some score gigantic monetary awards against household name corporations, some post a consistent string of legal victories or take the lead in litigation that ends up setting precedent or influencing policy. Finally, some firms successfully defend corporations against IP attacks.
The editors at The American Lawyer cited a little of everything in selecting Fish & Richardson as a finalist for the 2009 award.
The judges singled out the "extraordinary perseverance its lawyers have shown in turning big verdicts against its clients to dust," and specifically its success in reversing over $2 billion in damages awards against Microsoft Corp. According to the magazine, Fish's "2007 obliteration of Alcatel-Lucent's $1.5 billion win against Microsoft for allegedly infringing MP3 digital music patents" was upheld on appeal in 2008, which "started a series of defense wins that effectively ended Alcatel-Lucent's patent war against Microsoft - with the latter clearly on top." Fish also reversed a $388 million jury verdict against Microsoft in a patent infringement suit brought by Uniloc Corp.
The publication also highlighted Fish & Richardson's strong performance before the International Trade Commission, where the firm won five cases in the last two years and played a role in roughly one in every four cases filed in 2008. Finally, the publication recognized Fish's impressive work in the U.S. district court for the Eastern District of Texas, where the firm was responsible for two rare summary judgment motions. The magazine concluded that Fish is "on track to dominate two of the nation's hottest patent venues."
Also this month, the firm has been recognized by Law 360 as one of only six finalists for its "IP Law Firm of the Year" awards. Editors at Law 360 praised Fish for "setting the pace with massive verdicts and settlements, and key roles in policy changes." In addition to the reversals of the verdicts against Microsoft, Fish played an important role in creating new law through its defense of Bose Corp.'s WAVE trademark before the Trademark Trial and Appeal Board and the Federal Circuit. The appellate court determined that in order to force the cancellation of a trademark alleged to have been obtained by fraud, plaintiffs need to prove intent to deceive the U.S. Patent and Trademark Office. This precedent-setting case established a clear standard in a controversial, grey area of trademark law.
Meanwhile, IP Law & Business has named F&R a top IP law firm in its "Who Protects Innovation in America" survey of law firms used by Fortune 100 companies. Fish ranked second overall - with one less mention than the top firm - meaning that the firm is one of the most sought-after firms for both patent prosecution and patent litigation services among the Fortune 100.
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