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

Federal Circuit Takes Up Venue Burden Issue

In a pending mandamus petition, the Federal Circuit signaled that it will address the issue of which party bears the burden of proof when venue is challenged in a patent infringement action. In re ZTE (USA), No. 2018-113 (Fed…more
 /  Civil Procedure, Intellectual Property, Science, Computers, & Technology

The Law May Have Changed, But In Texas You’ll Remain

The Supreme Court’s TC Heartland decision in May set off a tidal wave that completely reshaped the contours of patent venue law. Riding its wake, defendants around the country presented venue objections under 28 U.S.C. §…more
 /  Civil Procedure, Intellectual Property, Science, Computers, & Technology

Chief Wahoo: A Look Back in History

February 14 marks an unofficial end to winter because, as baseball fans know, this is the day when pitchers and catch­ers report for spring training. In honor of this happy occasion, and being both baseball fans and trademark…more
 /  Art, Entertainment, & Sports Law, Intellectual Property

Biosimilars 2017 Year in Review

Since the passage of the Biologics Price Competition and Innovation Act (BPCIA), 2017 has been the most active year yet for drug manufacturers. Fish attorneys Tasha Francis, Jenny Shmuel, and Brianna Chamberlin addressed the…more
 /  Health, Intellectual Property, Science, Computers, & Technology

Branding Social Movements: Why Attempts to Trademark #MeToo, Black Lives Matter, and Other Movements are Likely to Fail and Could Harm Core Brands

On October 20, 2017, Hard Candy LLC applied to register #METOO as a trademark for cosmetics and fragrances. The application was likely to be rejected. As the hashtag for a social movement, #METOO does not function as a…more
 /  Administrative Law, Intellectual Property, Science, Computers, & Technology

Sunbeams Don’t Shine on Trademark Licensees in First Circuit

Every article, blog post, book chapter or court decision this blogger has ever read about Section 365(n) of the Bankruptcy Code and the treatment of trademark licenses thereunder has always been either dizzyingly abstruse,…more
 /  Business Organizations, Civil Procedure, Intellectual Property

Fish & Richardson’s Post-Grant Report 2017

The PTAB remains the forum of choice for challenging the validity of patent claims, surpassing the Eastern District of Texas as the #1 venue for patent disputes. 2017 also marked the fifth anniversary of the America Invents Act…more
 /  Administrative Law, Intellectual Property, Science, Computers, & Technology

Massachusetts Patent Litigation Wrap Up – December 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. StrikeForce Techs., Inc. v. Vasco Data Security, Inc.,…more
 /  Civil Procedure, Intellectual Property, Science, Computers, & Technology

"Cry Havoc and Let Slip the Dogs of War"

A recently filed lawsuit in Washington state provides some useful takeaways in the realm of brand protection for educational institutions. Gonzaga University is a small Catholic university in Spokane, Washington, counting…more
 /  Civil Procedure, Intellectual Property

Wifi One, LLC v. Broadcom Corp: Petitions for Inter Partes Review Are Time-barred Are Reviewable On Appeal

On January 8, 2018, the Federal Circuit sitting en banc issued its decision in Wifi One, LLC v. Broadcom Corp., No. 2015-1944, holding that PTAB decisions with respect to whether petitions for inter partes review are time-barred…more
 /  Civil Procedure, Intellectual Property, Science, Computers, & Technology

First Amendment 2 – Lanham Act 0: Federal Circuit Holds Lanham Act Prohibition on Immoral and Scandalous Marks Is Unconstitutional Restriction on Free Speech

In the wake of the In re Tam decision by the U.S. Supreme Court, on December 15, 2017, the Federal Circuit held that the Lanham Act Section 2(a) prohibition on the registration of immoral and scandalous marks is a content-based…more
 /  Constitutional Law, Intellectual Property, Science, Computers, & Technology

Best Practices for Proving Proportionality in Motions to Compel

This month marks two years since the major amendment of Federal Rule of Civil Procedure 26(b)(1) went into effect. This Rule, governing the scope of discovery, now states: Parties may obtain discovery regarding any…more
 /  Civil Procedure, Intellectual Property

Distillations: Good Water, Bad Blood

A recent trademark infringement case filed in federal court in Vermont illustrates the importance of thorough trademark searching and risk assessment, even for businesses with relatively local operations. Good Water Brewery…more
 /  Administrative Law, Intellectual Property

Federal Circuit Simplifies BPCIA Disputes by Finding State Remedies Preempted

The Amgen v. Sandoz battle continues to make new law regarding the Biologics Price Competition and Innovation Act (“BPCIA”), this time in a December 14th ruling from the Federal Circuit finding that “the BPCIA preempts state law…more
 /  Conflict of Laws, Intellectual Property, Science, Computers, & Technology

Distillations: Sour Fruit of the B&B Hardware Vine

Since the U.S. Supreme Court decided in B&B Hardware, Inc. v. Hargis Indus., Inc. that the decisions of the Trademark Trial & Appeal Board can be preclusive in later civil litigation, practitioners have been on the watch to see…more
 /  Administrative Law, International Law & Trade, Science, Computers, & Technology
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