Fish & Richardson

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One Marina Park Drive
Boston, MA 02110-1878, United States
Phone: (617) 542-5070
Fax: (617) 542-8906
Areas of Practice
  • Antitrust & Trade Regulation
  • Appellate Practice
  • Commercial Law & Contracts
  • Communications & Media Law
  • Finance & Banking
  • Intellectual Property
  • International Law & Trade
  • Litigation
  • Privacy
  • Science, Computers, & Tech
  • Transportation
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Locations
Other U.S. Locations
  • California
  • D.C.
  • Delaware
  • Georgia
  • Massachusetts
  • Minnesota
  • New York
  • Texas
Other Countries
  • Germany
Number of Attorneys
100+ Attorneys

Distillations: Trapped

A recently-filed trademark infringement case out of California offers something of a cautionary tale on one of the oldest maxims of law and business: Get It In Writing. Thelonious Monk, Jr., son of the jazz legend, has sued…more
 /  Intellectual Property, Science, Computers, & Technology

Patent Litigation in E.D. Texas: When is a Claim Term Indefinite?

In the years since the Supreme Court’s decision in Nautilus, Inc. v. Biosig Instruments, Inc., No. 13-369, when has the District Court for the Eastern District of Texas found patent claim terms indefinite? The primary…more
 /  Intellectual Property, Science, Computers, & Technology

What Happens in the ITC Stays in the ITC – Except for Related District Court Cases

The ITC has always viewed its ability to gather and protect confidential business information as crucial to its ability to perform its mission. See Akzo N.V. v. U.S. Int’l Trade Comm’n, 808 F.2d 1471, 1482-85 (Fed. Cir. 1986)…more
 /  Intellectual Property, International Law & Trade, Science, Computers, & Technology

Inadequacy of PTAB’s Procedures for Reviewing Late-Submitted Evidence Leads to Vacatur

Ultratec, Inc. v. CaptionCall, LLC, __ F.3d __ (Fed. Cir. Aug. 28, 2017) (Newman, Linn, MOORE) (PTAB) (4 of 5 stars) - Fed Cir vacates IPR determination of obviousness/anticipation. The PTAB abused its discretion by denying…more
 /  Intellectual Property, Science, Computers, & Technology

Mayo at Five: Eligibility of Diagnostic Method Claims

Just over five years ago, the Supreme Court began reshaping the concept of patent-eligible subject matter in the life sciences with its decision in Mayo v Prometheus. Decisions following Mayo – from the Supreme Court to the…more
 /  Intellectual Property, Science, Computers, & Technology

Minnesota Patent Litigation Wrap-Up – August 2017

This post continues our monthly summary of patent litigation in the District of Minnesota, including short summaries of substantive orders issued in pending cases. In August 2017, there were three notable decisions for…more
 /  Intellectual Property, Science, Computers, & Technology

Recent Case Highlights the Breadth of the ITC’s “Sufficient Involvement” Standard for Establishing Jurisdiction over Respondents

The International Trade Commission (“ITC”) wields broad jurisdiction over unfair practices in importation under Section 337. The importation or sale for importation of an accused product “confers upon the Commission…more
 /  Administrative Law, International Law & Trade

Massachusetts Patent Litigation Wrap Up – July 2017

This post is part of a monthly series summarizing notable activity in patent litigation in the District of Massachusetts, including short summaries of substantive orders issued in pending cases. PetEdge, Inc. v. Marketfleet…more
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Series: Defend Trade Secrets Act | Stopping Further Leaks: Protecting Trade Secrets While Litigating Misappropriation

Trade secrets derive their commercial value from being secret. When trade secrets are misappropriated, litigation may be necessary to stop a competitor from exploiting them in the marketplace. Yet litigating misappropriation…more
 /  Civil Procedure, Intellectual Property

Athena Automation IPR Decision Rejecting Equitable Defense of Assignor Estoppel in IPR Proceedings Designated Precedential by the PTAB

On August 2, 2017, the Patent Trial and Appeal Board (PTAB) designated Section II.A. of the Institution Decision in Athena Automation Ltd. v. Husky Injection Molding Systems Ltd., IPR2013-00290, Paper 18 (PTAB Oct. 25, 2013) as…more
 /  Administrative Law, Intellectual Property, Science, Computers, & Technology

Series: Defend Trade Secrets Act | Lessons in Surviving a Motion to Dismiss

Our colleague Olga May recently blogged about how to plead a claim under the DTSA. In this next installment of the DTSA series, we’ll take a deeper look at some samples from the rapidly-expanding set of decisions addressing…more
 /  Intellectual Property, Labor & Employment Law

Series: Defend Trade Secrets Act | Pleading A Claim Under the DTSA

Courts have had over a year to address the pleading requirements under the federal Defend Trade Secrets Act (“DTSA”), after it took effect in May 2016. The general pleading standard remains the plausibility test under the…more
 /  Commercial Law & Contracts, Intellectual Property, Labor & Employment Law

List it or Lose it: The Federal Circuit Weighs in on the Amgen v. Hospira Discovery Dispute

The Federal Circuit issued its opinion in the Amgen v. Hospira appeal (16-2179) on August 10, 2017, dismissing the appeal for lack of jurisdiction and denying Amgen’s petition for a writ of mandamus. The decision affirmed the…more
 /  Health, Intellectual Property, Science, Computers, & Technology

Minnesota Patent Litigation Wrap-Up – July 2017

This post continues our monthly summary of patent litigation in the District of Minnesota, including short summaries of substantive orders issued in pending cases. In July 2017, there were three notable decisions for pending…more
 /  Administrative Law, Civil Procedure, Health, Intellectual Property, Science, Computers, & Technology

PTAB Splits on Instituting Challenges to Herceptin® Patents

On July 27th, the PTAB issued institution decisions in five IPRs brought by Hospira challenging four Genentech patents related to Herceptin® (trastuzumab). The patents are directed to various methods of treating cancer patients…more
 /  Intellectual Property, Science, Computers, & Technology
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