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Managing Intellectual Property Once Again Names John Battaglia, Alan Fisch, and Bill Sigler "IP Stars"
Shoot for the Stars. That's what we do at Fisch Sigler. So a sky-high thank you goes to Managing Intellectual Property for aptly saluting John Battaglia, Alan Fisch, and Bill Sigler as "IP Stars" in its 2019 rankings. In once again bestowing this moniker on this constellation of stars, Managing IP honored them as among the world’s leading IP attorneys. Managing IP bases its selections on client and peer surveys, so thank you to our clients and our peers!
Chambers once again names Alan Fisch as One of the Top 10 IP Litigators in Washington, DC
Over the years, Alan Fisch has become a perennial fixture on Chambers' list of the Top IP litigators. And the 2019 list is no different. In honoring Alan once again, Chambers reports that he "offers considerable experience handling substantial IP disputes in a range of fora," and "is noted for his strength advising clients." Chambers has also said of Alan that he knows "how to communicate well with juries," and that he is "highly regarded for his extensive experience." A warm thank you to our wonderful clients for the opportunity to achieve great outcomes, our superstar team for achieving them, and to Chambers and Partners for the accolades!
Super Lawyers Honors All Fisch Sigler Partners for Third Straight Year
All of 'em. That's how many of our partners Super Lawyers honored for 2019. That's the same number it has honored for the past two years, as well. Super Lawyers' 2019 rankings recognize John Battaglia, Alan Fisch, and Bill Sigler as Super Lawyers, and Jeff Saltman as a Rising Star. These selections are determined by a peer review process and limited to the top 5% of all lawyers practicing. Deep appreciation to Super Lawyers for the recognition, our great clients for the opportunity to shine, and our superstars who bring their A-Game to all that they do.
The American Lawyer's 'Skilled in the Art' Column features Avi Toltzis's research and commentary on the one year anniversary of BERKHEIMER
It's been a year since the Federal Circuit’s Berkheimer decision. Have you wondered how the decision has impacted § 101 jurisprudence? Fisch Sigler superstar Avi Toltzis did too, so he researched the answer. And Law.com's Scott Graham published Avi's findings in his "Skilled in the Art" column. The article shares some of Avi's data, which indicates that district court grant rates for Alice motions have dropped 15% since Berkheimer. The story also quotes Avi on his ultimate conclusion: "Although not the revolutionary decision some predicted, patentees now stand at least a puncher's chance when they point to issues of fact bearing on Alice step two."
LAW360 publishes Avi Toltzis’s article on the impact of BERKHEIMER AND AATRIX ON § 101 MOTIONS
District courts are denying § 101 motions over twice as often as before the Federal Circuit’s Berkheimer and Aatrix decisions in early 2018. Our very own Avi Toltzis provides this conclusion in his Law360 Expert Analysis article, which analyzes one year of district court outcomes before and after Berkheimer. Avi found an increase in the denial rate on § 101 motions from 15% to 31%, but also that this hasn't yet dissuaded defendants from bringing such motions.
The American Lawyer's 'Skilled in the Art' Column Features Our Zero-Dollar Dismissal for Juniper Against Beck Branch in the Eastern District of Texas
Zero dollars. That's what our client Juniper Networks paid for the dismissal of Beck Branch's patent infringement action in the Eastern District of Texas. Scott Graham of the American Lawyer featured this result — achieved only 48 days after service of the complaint — in his "Skilled in the Art" column. The story highlights our filing of a notice explaining that the dismissal "was not the result of any settlement agreement, license, payment, or other consideration to Beck Branch or any other entity." The final outcome is yet another zero-dollar dismissal that we've obtained for Juniper.
The American Lawyer's 'Skilled in the Art' column covers the Federal Circuit oral argument on our Trial Win for Imperium Against Samsung
Our trial win for Imperium against Samsung is now before the Federal Circuit on appeal. Samsung is seeking to escape the district court's finding that it committed "multiple material misrepresentations under oath" and withheld production of critical documents — which led the district court to find willful infringement, impose treble damages, and award attorney's fees. In his 'Skilled in the Art' column, Law.com's Scott Graham features the oral argument addressing these issues, which Bill Sigler conducted for Imperium. The story poses the question: what should happen "if a defendant lied and stonewalled its way through most of a patent infringement trial, and got hit with a $7 million exceptional case sanction — but two of the three patents were ultimately proven invalid at the PTAB?" The article highlights Bill's point to the panel that, even with the affirmed PTAB decisions, Imperium would still be the prevailing party, with damages trebled for willfulness, plus the exceptional case fees.
The National Trial Advocacy College Honors John Battaglia with the 2019 William J. Brennan Award
"A courtroom warrior — but a happy warrior." The National Trial Advocacy College hit the nail on the head with this description of our very own John Battaglia when presenting him with the 2019 William J. Brennan Award. John and the other 2019 recipients, Chief Judge Michael F. Urbanski of the United States District Court for the Western District of Virginia and Retired Virginia Circuit Court Judge Paul F. Sheridan, were honored for their outstanding trial skills and contributions to advocacy education. Prior recipients of the Brennan Award include the Honorable Justice Antonin Scalia, the Honorable Bernice B. Donald of the Sixth Circuit, the Honorable Henry Coke Morgan of the Eastern District of Virginia, former U.S. Attorney General Benjamin Civiletti, and David Boies. NTAC co-director Stephen Saltzburg opened the presentation with a rousing sampling of John's recent victories and professional recognition. Celebrating with John at the ceremony were John's wife Kim and their four children, his father and mother, brother Paul Battaglia, sister Dr. Mary Petrick, additional family, and law partners Alan Fisch and Bill Sigler.
Law360 reflects on 2018 accolades bestowed, including selection of Jeff Saltman as an IP "Rising Star"
As part of its year-in-review coverage, Law360 republished its 2018 "Rising Stars" selections — which included our very own Jeff Saltman. This honor, first announced in July, is one that Law360 confers on attorneys under 40 "whose legal accomplishments transcend their age." Jeff was one of six IP attorneys nation-wide that Law360 selected. Joining Jeff were attorneys from Susman Godfrey, Kirkland & Ellis, Quinn Emanuel, Keker Van Nest, and WilmerHale. Once again, way to go Jeff!
Law360 Publishes Ken Fung's article on the NDCA and EDTX requirements for expert testimony at claim construction
Teva v. Sandoz ushered in a new dawn for using expert testimony at claim construction. Three-plus years of post-Teva case law has now shaped the requirements for properly disclosing this type of testimony. In his Law360 expert analysis, Ken Fung explains the elements of a proper disclosure in the Northern District of California and Eastern District of Texas.
The American Bar Association Publishes Bill Sigler's Recommendations on Optimal Approaches in Litigating Section 101 Challenges to Software Patents
The roller coaster that's been post-Alice jurisprudence may finally be slowing down. Over the past year, two precedential Federal Circuit decisions, and a Fisch Sigler victory in the District of Delaware, have increased predictability on the outcome of Section 101 challenges. With this as a foundation, Bill's Practice Point article for the ABA Intellectual Property Litigation Committee highlights the optimal approaches for practitioners on either side of the case caption.
Law360 Covers the U.S. Supreme Court's Denial of our Writ of Certorari for Enforcement of the AIA's Multiple-Proceedings Rule on Behalf of SSL Services
Victory is our raison d'être. And winning is second nature for our Superstar Attorneys. But sometimes, a matter reaches a different outcome. Such was the case with our petition for a writ of certiorari on behalf of SSL. Law360 covered the Supreme Court's refusal to hear our argument that the USPTO had contravened the congressional intent behind the multiple proceedings rule in America Invents Act review proceedings. On behalf of the entire team, Law360 quotes Fisch Sigler partner John Battaglia: "A disappointing outcome, but we respect the Court’s decision." Our resolve to litigate the toughest cases on the weightiest issues continues on, as does our commitment to victory. C'est l'exception qui confirme la règle.
U.S. News & World Report once again ranks Fisch Sigler "Tier 1" for patent litigation — the publication's highest law firm rating
U.S. News & World Report issued its always-anticipated Best Law Firm Rankings — and once again, the publication celebrates our excellence. For 2019, U.S. News places Fisch Sigler in its top grouping (Tier 1) for patent litigation in Washington, DC. Joining us in Tier 1 are mega-firms Covington & Burling, Kirkland & Ellis, and Morrison & Foerster. U.S. News also ranked us nationally alongside large firms Irell & Manella, Jenner & Block, and Williams and Connolly in Tier 2. Thank you to our clients, colleagues, and U.S. News for this wonderful recognition!
Benchmark Litigation once again honors Fisch Sigler as one of the top intellectual property practices and Alan Fisch as a top practitioner in the United States
Benchmark Litigation once again honors Fisch Sigler as one of the top intellectual property practices and Alan Fisch as a top practitioner in the United States. The 2019 edition of Benchmark's Definitive Guide to the Leading Litigation Firms and Attorneys ranks our firm alongside mega-firms Cooley, Covington & Burling, Cravath, Swaine & Moore, and Finnegan Henderson. In the same publication, Benchmark Litigation also recognizes Alan Fisch as a National Practice Area Star, the publication's highest ranking. Thank you to our clients, colleagues, and Benchmark Litigation for this fantastic recognition.
IPWatchdog.com covers our petition to the Supreme Court on behalf of SSL seeking application of the Multiple Proceeding rule to end harassing validity challenges
The sweeping legislation of the America Invents Act included provisions affording new rights to patent challengers and new protections for patent owners. Congress enacted one such protection to "quiet title to patent owners to ensure continued investment resources." This protection codified at 35 U.S.C. § 325(d) and known as the Multiple Proceeding rule is meant to eliminate the harassment of duplicative validity challenges. But, the PTO and Federal Circuit have ignored the rule, including with SSL's patent. In covering our petition to the Supreme Court, Gene Quinn, editor of IPWatchdog.com, writes that: "If the Court takes the case it will … determine whether title to a patent ever quiets, or whether it can be endlessly challenged." In weighing in on the question, Mr. Quinn writes that "Congressional intent couldn't be any clearer" and that patent owners must be protected from "a never-ending series of duplicative challenges until the patent owner finally loses all rights."
Alan Fisch facilities a discussion with former Under Secretary of Commerce and Director of the United States Patent & Trademark Office Michelle Lee on artificial intelligence at the Eastern District of Texas Bench-Bar Conference
Artificial intelligence has and will challenge thinking about our society and our societal values. This compelling topic was addressed in a riveting talk at the Eastern District of Texas Bench-Bar conference by Michelle Lee, the former Under Secretary of Commerce and Director of the United States Patent & Trademark Office. Alan Fisch served on this panel with Director Lee and facilitated the spirited interactive audience question and answer session. A though provoking discussion for all in attendance.
Alan Fisch leads panel session on Venue at the Eastern District of Texas Bench-Bar Conference
The Eastern District of Texas Bench-Bar conference is one of the largest and most significant patent law gatherings in the nation. And there, Alan Fisch lead a panel discussion on one of the hot topics in intellectual property law: patent venue law after the Supreme Court’s TC Heartland decision. Alan moderated the group in discussions on weighty topics including transfers into and out of the Eastern District of Texas, the impact of venue-related discovery, and the value of venue-based motions practice.
Law360 Chronicles our Petition to the U.S. Supreme Court for Enforcement of the AIA's Multiple-Proceedings Rule on Behalf of SSL Services
"Cases like this are the very reason that Congress enacted the multiple proceedings rule." That's how Fisch Sigler partner John Battaglia described to Law360 the grounds for our petition for a writ of certiorari to the United States Supreme Court on behalf of client SSL Services. SSL's patent had earned some $22-million in licensing fees and withstood nine validity challenges at the Patent Office, in district court, and before the Federal Circuit. Nonetheless, the Patent Board decided to review the patent for a tenth time, and then concluded that it was invalid over the same prior art that the patent had already overcome in the prior reviews. Law360 explains that the petition asks the Court to require the Federal Circuit and Board to review and correctly apply the multiple proceedings rule, which bars such repetitive reviews based on the "same or substantially the same prior art or arguments."
The American Lawyer's 'Skilled in the Art' column reports on another zero-dollar dismissal obtained for Amazon.com, this time against Kaavo in the District of Delaware
Kaavo v. Amazon was no ordinary case. In describing it, Scott Graham writes in his 'Skilled in the Art' column for The American Lawyer: "In its annual report last year, Amazon.com listed five patent infringement actions that could materially affect its bottom line. You can cross one of them off the books." And he adds "Amazon didn't pay a penny." Indeed, Kaavo agreed to dismiss in exchange for Amazon's agreement not to seek its costs in a related case. The result is another total victory for Amazon in Delaware.
The ABA Journal praises our bespoke recruiting process — Professor Heidi K. Brown applauds our "fresh thinking" recruiting essay for providing equal opportunity for introvert and extrovert candidates to shine
At Fisch Sigler, we’ve never been afraid to be different. We accept that others who see us dancing but can’t hear our music may think we’re crazy. Recently though, yet another expert has heard our bespoke recruiting melody, leading to yet more praise for our essay-based recruiting process. Professor Heidi K. Brown, writing in American Bar Association Journal, commended our process as "fresh thinking." In "Talented but Overlooked: We Should Transform Hiring and Mentoring of Introverted Lawyers" she writes that our optional essay question provides an opportunity to shine for all lawyers, including those that would be considered introverted. Professor Brown’s article highlights another example of our diversity: flourishing as a law firm with introverts, extroverts, and all those in-between. And as we appreciate, diversity in all its forms is important to our success. Diversity helps us to identify issues and develop solutions that could be missed with homogeneous group think. Viva la difference, and thank you Professor Brown!
Best Lawyers in America Once Again Selects Alan Fisch — for a Ninth Consecutive Year
Among his peers, the consensus is clear: Alan Fisch is one of the Best Lawyers in America. For the ninth consecutive year, Best Lawyers has recognized Alan as one of the top Intellectual Property attorneys in Washington, DC in its annual edition of The Best Lawyers in America. Best Lawyers makes its selections based solely on a peer-review process designed to capture the consensus opinion of leading lawyers about the professional abilities of their colleagues. Thank you to our clients, colleagues, and Best Lawyers for this wonderful recognition.
Law360 Profiles Jeff Saltman — 1 of 6 intellectual property attorneys nationwide to be named a 2018 Rising Star
Law360 features our partner Jeff Saltman as one of six intellectual property attorneys nationwide to be named a 2018 Rising Star. In response to Law360's interview, Jeff described his experience as an attorney and the team's significant wins over the past year. Specifically, Jeff discussed his proudest moment as an attorney: "when a winning jury verdict is announced to a silent and packed courtroom. I have been lucky to savor that five different times." Jeff also offered insight on what motivates him. "Victory motivates effort, and effort fuels the victory. It’s a cycle, and once it gets going, it’s really hard to stop."
Law360 Publishes Silvia Jordan’s Analysis of District Court Approaches to Venue-Related Discovery Requests Post-TC Heartland
Courts and litigants from sea to shining sea continue to feel the impact of TC Heartland on the question of where a defendant may be sued for patent infringement. As part of this aftermath, plaintiffs have routinely asked district courts to permit venue related-discovery when faced with a venue challenge. How are district courts handling these requests? Silvia Jordan evaluates this issue in her Law360 article "Expectations for Venue-Related Discovery Post-TC Heartland." Silvia's research reveals the circumstances under which district courts are more and less likely to grant requests for venue-related discovery.
Law360 Names Jeff Saltman a Rising Star — one of only six intellectual property attorneys nationwide so honored
Anyone who has ever worked with Jeff Saltman (or against him) knows of his keen intellect, determination, and professionalism — traits indicative of a genuine superstar. Law360, in recognizing these qualities, has named Jeff one of its six IP Rising Stars for 2018 (the other five attorneys practice at Kirkland & Ellis, WilmerHale, Susman Godfrey, Kecker Van Nest & Peters, and Quinn Emanuel). Recipients of this award are recognized for being the top legal talent under 40 practicing at a level usually only seen from seasoned veterans. In August, Law360 will publish an individual profile of Jeff to accompany this honor. Thank you to our wonderful clients for the opportunity to shine. And thank you to Law360 for the significant recognition.
Expert Guides "Best of the Best" Once Again Selects Alan Fisch — a distinction awarded to only 30 intellectual property litigators from across the nation
"Best" can mean many things. We have best friends, books can become best sellers, and movie sets have a Best Boy (usually found right after gaffer on the film credits). What does the "best" in the 2018 Expert Guide’s Best of the Best mean? Quite simply, the lawyers at the very top of the game in their area of expertise. Our own Alan Fisch joins them, once again selected as one of the nation's 30 elite IP litigators. The Best of the Best list is based on a review that includes input from 4,000 attorneys and an independent research vetting process. Thank you to our besties (clients) and colleagues for such high marks, and to Expert Guides for the recognition.
IAM 1000 ONCE AGAIN RANKS ALAN FISCH A TOP LITIGATOR, DESCRIBES HIM AS "A FEARLESS ADVOVATE"
"A fearless advocate with an unmatched passion for his craft" who continues to lead his team to wins in both court and the Federal Circuit. That is how Intellectual Asset Management aptly describes Alan Fisch in its highest grouping of litigators in its 2018 IAM Patent 1000 — The World’s Leading Patent Professionals. This take comes as part of Alan once again being ranked in the publication’s highest level of litigators. The IAM rankings are the result of qualitative research on depth of knowledge, market presence, and positive peer and client feedback. Thank you to our clients, colleagues, and Intellectual Asset Management, for this recognition.
IAM 1000 PRAISES FISCH SIGLER — ONCE AGAIN RANKING US ABOVE LAW FIRMS 100 TIMES LARGER AND 100 YEARS OLDER
Teamwork — It’s how we win. And for the fifth consecutive year, Intellectual Asset Management has recognized this hallmark of our firm, ranking Fisch Sigler in its IAM Patent 1000: The World's Leading Patent Professionals. The publication identifies how our team of "born-and-bred trial lawyers and artful technologists" consistently brings "intensity and creativity" that results in frequent "wins in court and the Federal Circuit." When selecting leading firms, IAM considered depth of knowledge, market presence, the level of work on which firms are typically engaged, and positive peer and client feedback. Fisch Sigler is once again grouped alongside mega-firms such as Kirkland & Ellis, Covington & Burling, and WilmerHale, and ahead of the likes of Quinn Emanuel, Jones Day, and Morrison Foerster. Thank you to our clients, colleagues, and Intellectual Asset Management, for this recognition.
Law360's Pro Bono Spotlight highlights Fisch Sigler as one of 34 law firms co-signing PLEDGE to PROVIDE LEGAL ASSISTANCE in reunifying asylum-seeking children with their families
We stand with the Constitution and the rule of law. And thus we also stand with asylum-seeking children involuntarily separated from their families. We made our position clear to the world as one of 34 law firms co-signing a pledge of assistance published in the New York Times Op-Ed section. Law360 spotlights this pledge and recognizes Fisch Sigler as one of the law firms collectively employing more than 30,000 attorneys nationwide to co-sign it. While Fisch Sigler may be the smallest law firm to co-sign the pledge (by far), we share what Mark Twain once famously said: "It's not the size of the dog in the fight, it's the size of the fight in the dog."
Fisch Sigler Managing Partner Alan M. Fisch, along with 33 other law firm Managing Partners and law firm leaders, pledge to assist reunification of separated asylum-seeking families
Everyone deserves to be treated with dignity. This simple, but powerful, statement is our law firm's core principle — it guides our internal interactions, and those with clients, suppliers, witnesses, courts, agencies, third-parties, and even opposing counsel. This list also includes one more group: asylum seekers and their children. Our Managing Partner Alan M. Fisch, along with 33 other law firm Managing Partners and leaders, has signed on to a letter published in The New York Times calling on our government to develop an immediate plan for reunifying asylum-seeking children with their families and to end immigration policies that explicitly violate our existing laws, Constitutional rights, and international treaties to which the United States is a signatory. This letter was authored by Brad S. Karp, the Chairman of Paul Weiss and Gary M. Wingens, the Chairman of Lowenstein Sandler. The letter is aptly titled "The Law Did Not Create This Crisis, But Lawyers Will Help End it."
The American Lawyer's 'Skilled in the Art' column reports on Our Section 101 Summary Judgment Victory in the District of Delaware for Amazon.com against the backdrop of the Federal Circuit’s Berkheimer and Aatrix decisions
Many expected the Federal Circuit’s Berkheimer and Aatrix decisions would spell doom for pre-trial invalidations under Section 101 — especially where patent holders relied on expert testimony in opposition. But, as The American Lawyer's 'Skilled in the Art' column recounts, we proved otherwise on behalf of client Amazon in a case brought by Kaavo, Inc. We overcame this new jurisprudence and Kaavo’s expert testimony to earn summary judgment on all claims. In reporting on our win in a case about the sharing of cloud computing resources, column author Scott Graham highlights its larger significance: "the chief judge of the busiest patent court in the country made it clear … that he's still going to grant at least some Section 101 motions at the summary judgment stage." This victory, against the backdrop of commentators who signaled that such an outcome would no longer be possible, makes it that much more special.
Law360 Covers Our Section 101 Summary Judgment Win in the District of Delaware for Amazon.com — All Claims Asserted by Kaavo, Inc. Invalidated
We've added another trophy to our case of Section 101 wins. The United States District Court for the District of Delaware ruled that all of the claims Kaavo, Inc. asserted against Amazon are unpatentable. And Law360 has covered the Delaware success in "Amazon Scores Win in Kaavo's Cloud-Computing Patent Suit," which recounts the dual victories we achieved on behalf of Amazon — defeating Kaavo's motion for reconsideration of an earlier order finding the independent claims invalid and winning summary judgment that all of the asserted dependent claims are also ineligible under Section 101. The result is a total victory at the district court.
Managing Intellectual Property Names Fisch Sigler as One of the Best Patent Litigation Firms in Washington, DC, Recognizing the Superior Outcomes We’ve Achieved for Our Clients
Winning. That’s what we’re about at Fisch Sigler. And it’s always nice to be acknowledged for the winning outcomes we’ve achieved for our clients. Managing Intellectual Property is the latest to do so by recognizing Fisch Sigler as one of the top patent litigation law firms in Washington, DC and naming us alongside mega-firms Morrison & Forrester, Orrick, and Winston & Strawn. Managing IP bases these rankings primarily on outcomes achieved, while also considering expertise and unique strengths, as identified in interviews and surveys of clients and peers. So thank you to our clients, colleagues, and of course Managing Intellectual Property for this recognition.
Managing Intellectual Property Once Again Selects John Battaglia, Alan Fisch, and Bill Sigler as "IP Stars"
The stars shine bright at Fisch Sigler. A galaxy-sized thanks to Managing Intellectual Property for recognizing John Battaglia, Alan Fisch, and Bill Sigler as "IP Stars" in its 2018 rankings. Congratulations to this Orion's Belt of superstar attorneys for once again being counted among the world's leading intellectual property practitioners. These findings result from client and peer surveys — a light speed thank you to our clients and colleagues for the out-of-this-world reviews.
Chambers once again names Alan Fisch as One of the Top 10 IP Litigators in Washington, DC — Alan Remains a Mainstay of the Chambers List
Like the Energizer Bunny that keeps going and going, Alan Fisch is once again named as one of the Top 10 IP litigators in Washington, DC by Chambers. Personal accolades such as this result from Alan and the team's ability to keep winning and winning for clients. In recognizing Alan, Chambers describes Alan as "somebody who cares, is passionate and wants to help the client." Alan has been a fixture of Chambers' list for many years. In previous years, Chambers has described Alan as "highly regarded for his extensive experience litigating IP matters" and "highly intelligent, and has a very good sense of strategy and how to communicate well with juries." Chambers develops its rankings through confidential interviews with clients and attorneys around the world.
Super Lawyers honors the entire Fisch Sigler partnership — Once again, 100% of firm partnership listed in its annual rankings
100% of the Fisch Sigler partnership — John Battaglia, Alan Fisch, Jeffrey Saltman, and Bill Sigler — have been named in Super Lawyers 2018 annual compilation. The selection is determined by a peer review process and limited to the top 5% of all lawyers practicing. This is an honor shared by our entire firm, which works together to provide the best client services on the planet. A deep thank you as well to our wonderful clients who provide us the opportunity to achieve great outcomes on their behalf.
Law360 Covers Our Win For Juniper Networks — Massive Patent Infringement Case Moves from EDTX to NDCA As Blue Spike's Motion for Reconsideration Denied
The once-largest patent infringement case in U.S. history is now officially California-bound. The Eastern District of Texas has rejected Blue Spike's request for reconsideration of the order transferring the case against our client Juniper Networks to the Northern District of California. Law360 details that ruling, as well as the history of this unprecedented case, in which Blue Spike’s original 109-page complaint asserted 26 patents against 113 products, totaling 1,498 willful infringement allegations.
Law360 Publishes Richard Zhang's Analysis of Federal Circuit Decisions Involving the Potential Use of Teva-style Deference, and Interestingly, These Results are Contrary to Commentators' Predictions
The Supreme Court's 2015 Teva v. Sandoz decision established a more deferential standard for reviewing claim construction decisions involving factual findings. In a Law360 guest article, Richard Zhang explores three years of Federal Circuit decisions implicating the potential application of Teva-style deference. As Richard details, the 2015 In re Papst Licensing decision marked the Federal Circuit's first ever application of Teva. Papst, represented by Fisch Sigler, prevailed and the Federal Circuit did not apply deference to the district court’s claim construction ruling because it found that the district court only relied on intrinsic evidence. The Papst panel wasn't alone in its forbearance of Teva deference. As Richard’s analysis shows, the Federal Circuit has deferred in only one-third of post-Teva cases involving extrinsic evidence, a trend contrary to commentators' predictions following the Teva decision. Richard also explains the circumstances that make deference more likely in certain cases.
Law.com's 'Skilled in the Art' Column Previews Oral Argument in our Federal Circuit Case for SSL Services Against Cisco Systems
Scott Graham's column 'Skilled in the Art' previews the oral argument between SSL Services and Cisco Systems at the Federal Circuit. The appeal stems from a PTAB decision finding invalid one of SSL's patents. The article identifies that "Fisch Sigler partner John Battaglia will argue for SSL that the board relied on 'hindsight and conjecture' in finding the patent obvious."
Law360 proclaims our $7.1 Million Attorney's Fees Victory for Imperium against Samsung the Largest Award under §285 in Eastern District of Texas history, placing the award in "Rarefied Air"
Our $7.1 million attorney's fees recovery on behalf of client Imperium against Samsung is big. How big? The biggest ever in Eastern District of Texas history and "one of the largest of its kind" anywhere in the country since the Supreme Court's Octane Fitness decision, according to Law360. In addition to those accolades, Law360’s story "Imperium in Rarefied Air with $7M Patent Atty Fee Award" also identifies the court's findings that led to the award, including that Samsung "gave false testimony about the company's knowledge of Imperium's patents," did not produce certain documents "until midway through the trial," and "also misrepresented key facts in the case." The article also quoted John Battaglia on the size of the overall recovery, which now totals over $28 million.
Law.com Details Imperium's "Whopping" $7.1 Million Attorney's Fees Award in its Case Against Samsung, Total due grows to over $28 million
"Whopping" is how The American Lawyer's Law.com described our $7.1 million attorney's fees recovery on behalf of client Imperium in the ongoing litigation with Samsung. The coverage in Scott Graham's Skilled in the Art column also recounts that Samsung "gave false testimony during trial." Bill Sigler is quoted regarding the size of the overall recovery, which now totals over $28 million.
Employment Crossing Quotes Bill Sigler on Fisch Sigler's Approach to Attracting and Retaining Superstar Attorneys
10's prefer to work with 10's. That’s why we focus like a laser on hiring the best people. Our Hiring Partner, Bill Sigler, explained this philosophy to Employment Crossing in an article offering advice on attracting millennial workers. "Most superstars are focused on the quality of two things: the people they work with and the opportunities they are given," Bill said in the story. "An environment filled with other superstars doing significant work remains our best retention tool."
REUTERS COVERS OUR $7.1 MILLION ATTORNEY'S FEES AWARD AGAINST SAMSUNG, RAISING OUR CLIENT IMPERIUM'S TOTAL JUDGMENT TO MORE THAN $28 MILLION
Our client Imperium was awarded $7,080,695 in attorney's fees in its long-running battle with Samsung in the Eastern District of Texas. This award, comprising 99.6% of our ask, follows our trial victory against Samsung, a subsequent finding of willfulness, and the court’s granting of our motion for attorneys fee’s. "The total is now $28,035,669, and growing as time and Samsung sales march on," John Battaglia explained to Reuters. He added that "the current sum includes the jury award, court imposed trebled damages, prejudgment interest, taxable costs, non-taxable costs, and now attorney's fees."
Law360 covers the defense of Realtime Data against IPR's initiated by Apple, which includes one of the first successful amendments to claims during an IPR proceeding
The Federal Circuit's Aqua Products ruling last fall formalized that claim term amendments are permissible during an inter partes reexamination. Law360 reports on our work and that of our co-counsel Noroozi PC in the effort to protect client Realtime Data's patent from validity attacks by Apple. The article titled, "PTAB Allows Data Co. to Amend Patent in Apple Challenge," focuses on the PTAB's allowance of 55 amended claims of the patent-at-issue, noting that this is one of the first grants of a motion to amend since Aqua Products. The article also discusses our pending appeals of the PTAB's decisions on two other Realtime patents.
The American Lawyer's 'Skilled in the Art' column covers the defense of Realtime Data against IPR's initiated by Apple, including one of the first successful amendments to claims during an IPR proceeding
The Federal Circuit's Aqua Products ruling last fall formalized that claim amendments are permissible during an inter partes reexamination. The American Lawyer reports on our work and that of our co-counsel Noroozi PC to protect client Realtime Data's patent from validity attacks by Apple. The article, "PTAB Accepts 55 Amended Claims," focuses on the PTAB's allowance of 55 amended claims. It notes "how notoriously stingy the Patent Trial and Appeal Board used to be with patent claim amendments during inter partes review? As in denying 112 of the first 118 motions to amend." The article identifies Fisch Sigler attorney Joe Edell as working on the matter.
Law360 details the granting of our motion to transfer from EDTX to NDCA in Blue Spike v. Juniper Networks — a case that began as the largest patent infringement case in US history
"The bulk of the relevant evidence ... will likely come from defendant as the accused infringer, especially given the 113 accused products." This was the reasoning of Judge K. Nicole Mitchell of the Eastern District of Texas in deciding to transfer Blue Spike's "sprawling" case against our client Juniper Networks to the Northern District of California. Blue Spike's initial complaint asserted 1,492 separate willful infringement allegations, making it the largest patent infringement case in US history. Since filing the complaint, Blue Spike has dropped 12 of the initially asserted 26 patents.
LAW.COM Publishes Alan Fisch's trial lawyer perspective on the aftermath of the Federal Circuit's significant Berkheimer v. Hewlett-Packard decision
Effective storytelling remains the foundation of any patent jury trial victory. The recent Berkheimer v. Hewlett-Packard decision heightens this need for a compelling narrative. In Berkheimer, the Federal Circuit found that in certain circumstances the question of whether a concept qualifies for protection under 35 U.S.C. 101 should be posed to a jury. The American Lawyer's Law.com addressed this issue in a published roundtable discussion entitled "Skilled in the Art: The 5 Stages of 'Berkheimer,'" which included Alan as one of four to comment. As Alan plainly put it: "A trial lawyer's story-telling talent will be of even more value when 101 is tried to a jury." He added, "Given 101's impact, it will be no place for lawyers who are inaccessible to jurors."
Law360 Publishes Kate Ryland's Research Showing EDTX Attorney Fees Motions Granted at Same Rate Before and After Octane Fitness Decision
The Eastern District of Texas grants requests for attorneys' fees at the same rate that it did before the Supreme Court's seminal 2014 Octane Fitness decision. That is Kate Ryland's conclusion based on a study of three full years of cases, which she details in an article published in Law360. In her article, Kate identifies that while the number of requests for attorneys' fees has trebled since Octane, the Eastern District has continued to grant such requests at the same rate. Kate's article also explains the particular circumstances of each of the six Eastern District cases since Octane granting a request for fees.
ABA Journal Again Chronicles our Bespoke Superstar Attorney Hiring Process — Unconventional Methods Yield Exceptional Results
The ABA Journal has again recognized Fisch Sigler's special approach to the recruiting process. The article, from the flagship publication of the American Bar Association, reports that we are inviting applicants "to demonstrate their 'expositional prowess' by submitting an essay" by answering in 750 words or less whether The Great Gatsby, Invisible Man, or The Handmaid's Tale was rightly denied the Pulitzer Prize for Fiction. The ABA's article also details our bespoke recruiting history, including previously asking applicants to "solve math problems."
JD Journal Once Again Covers our Bespoke Superstar Attorney Hiring Process — Superstars want to Work with Superstars
Exceptional attorneys must be exceptional writers. That is why we ask candidates to submit an additional essay on a non-legal topic. The JD Journal is the most recent publication to recognize the special nature of our bespoke recruiting process, which is designed to identify attorneys with the right winning approach to join our team. The story quotes Matt Benner, who recently went through the recruiting process, on his experience at the firm: "I am having a whale of a time at Fisch Sigler. And I attribute that in large measure to the firm's recruiting process – a process that results in a wonderful match between the shop and the attorney."
JEFFREY SALTMAN ELECTED TO THE PARTNERSHIP OF FISCH SIGLER
The will to win, the desire to succeed, and the effort to reach one's full potential remain the three keys to unlocking the vault of personal excellence. Today, we celebrate the personal excellence of our teammate Jeffrey Saltman, and his election to the partnership of Fisch Sigler. Jeff was part of the firm's opening team in 2012. Before that, Jeff worked as a teammate of many others here at the law firm today known as Arnold & Porter Kaye Scholer. Jeff has tried cases before juries, argued Daubert and dispositive motions, taken or defended over 100 depositions, and crafted more briefs than a shark has teeth.
Delaware Business Court Insider and Texas Lawyer cover Samsung Procedural Effort to Escape Sanctions in its now-dismissed case against client Imperium
Samsung informed the U.S. District Court for Delaware that any decision on Imperium's motion for sanctions against Samsung for pursuing what the court found to be a "duplicative" suit should be stayed pending an appeal to the U.S. Court of Appeals for the Third Circuit. Samsung's filing comes in response to Imperium's request to recover the nearly quarter-million dollars that it devoted to defending against Samsung’s actions in the case, which Judge Mark A. Kearney dismissed on a Rule 12 motion.
U.S. News & World Report ranks Fisch Sigler "Tier 1" for patent litigation — the publication's highest law firm rating
The latest edition of U.S. News & World Report's Best Law Firms rankings places Fisch Sigler in its top grouping (Tier 1) for patent litigation in Washington DC. Fisch Sigler was ranked in Tier 1, along with mega-firms Covington & Burling, Kirkland & Ellis, and Morrison & Foerster. U.S. News also ranked us nationally alongside large firms Irell & Manella, Jenner & Block, and Williams and Connolly in Tier 2. Thank you to our clients, colleagues, and U.S. News for this wonderful recognition!
Law360 selects Fisch Sigler as a "Legal Lion" for the second time this year
Nants ingonyama bagithi baba. For the second time this year, Law360 selected a Fisch Sigler victory for its "Legal Lions and Lambs" weekly column, which features stand-out wins and losses from the prior week in litigation. This time, Fisch Sigler prevailed in its motion to entirely dismiss Samsung's 79 paragraph breach of contract complaint brought against Fisch Sigler client Imperium in the District of Delaware. Samsung's complaint was an attempted collateral attack on the $20.9 million judgment Imperium holds against Samsung resulting from a Texas jury trial win and enhanced damages. As a result of the decision, Law360 announced that Fisch Sigler "roared to the top of the legal lions list this week after a federal judge tossed Samsung's breach of contract lawsuit."
Delaware Business Court Insider and Texas Lawyer covers Fisch Sigler obtaining a dismissal for Imperium in a case brought by Samsung
The headline from the influential Delaware Business Court Insider says it all: "Judge Knocks Samsung for 'Duplicative' Suit to Avoid $21M Infringement Ruling." The story, chronicling Fisch Sigler obtaining dismissal of Samsung's breach of contract case against long-time client Imperium, describes the court's order as "strongly worded." and Samsung’s suit as "a 'classic' example of tactical litigation meant to work around adverse results in other jurisdictions." The article also identifies that "attorneys who use U.S. courts to unreasonably bring multiple proceedings for the same underlying conduct are subject to paying fees and expenses associated with the duplicative litigation."
Law360 recaps Delaware Judge's dismissal of Samsung's attempted "end run" around our Texas judgment for Imperium
The publication reports that, in granting our motion to dismiss, Judge Mark Kearney "said it was clear that Samsung's Delaware suit is simply an attempt at an end run around an earlier setback in the Texas suit under U.S. District Judge Amos L. Mazzant III." That setback was the $20.9 million judgment that we obtained on behalf of our client Imperium. As Law360 explained, Judge Kearney found that Samsung's "tactical" suit on a license defense theory that Samsung previously lost out on in Texas amounted to no more than "a waste of judicial resources."
Law360 Covers resolution of the 11-patent dispute between Broadcom and Avago and our client Amazon.com, Inc.
After 15 months of litigation and the filing by Amazon of 10 inter partes review petitions, the 11-patent ligation brought by Broadcom and Avago against Fisch Sigler client Amazon.com, Inc. has been resolved. Law360’s story discusses the earlier stipulation dismissing Amazon Web Services from the case, which included "as part of that deal" Amazon's withdrawal of its petitions for inter partes review of the three patents asserted entirely against AWS. Law360 further reported that during mediation "the parties reached an agreement to settle the remaining claims." As a result, the entirety of this dispute has been resolved.
Law360 interviews John Battaglia as a subject for its "BigLaw Alums Q&A" Feature Series
"As a smaller shop with high client demand, we have the freedom to accept only those cases we believe in, from clients we like. This substantially improves job satisfaction, as you might expect," said John Battaglia in an interview with Law360 for its series "BigLaw Alums Q&A." The article is devoted entirely to John comparing his experiences as a BigLaw lawyer (where he was a partner at Finnegan Henderson and Kirkland & Ellis, and an associate at Howrey) to his experiences as a partner at Fisch Sigler. John’s answers to Law360's question offer authentic reflection, practical advice, and genuine insight.
Benchmark Litigation once again honors Fisch Sigler
The 2018 edition of Benchmark Litigation has selected Fisch Sigler for its annual review of the nation's top intellectual property litigation practices. Fisch Sigler once again ranked in the same grouping of elite law firms, including Covington & Burling, Cravath, Swaine & Moore, Finnegan Henderson and Fitzpatrick Cella.
Law360 covers our Federal Circuit oral argument on behalf of Amneal Pharmaceuticals
If our law firm had a middle name it would be "high stakes," which is exactly how Law360 described the patent battle over the testosterone drug Axiron. In its coverage, Law360 identifies Fisch Sigler's representation of Amneal Pharmaceuticals before the Federal Circuit in this "high stakes" matter.
Law360 covers Fisch Sigler's defense of Juniper Networks against Blue Spike's MDL bid
In the story "JPML Skeptical of Blue Spike IP Suit Consolidation Effort," Law360 recounts the hearing before the Judicial Panel on Multidistrict Litigation on Blue Spike's motion to consolidate Juniper's case and others into a multidistrict litigation. The article details some of the issues the panel raised during the hearing, such as whether consolidation would result in more efficient resolution of the cases.
Best Lawyers in America selects Alan Fisch for eighth consecutive year
Best Lawyers has once again selected Alan Fisch for inclusion in its list of top attorneys for Intellectual Property in Washington, DC. This year marks Alan’s eighth straight year of inclusion on the Best Lawyers’ list. Best Lawyers makes its selections based solely on a peer-review process designed to capture the consensus opinion of leading lawyers about the professional abilities of their colleagues.
Law360 continues its coverage of Fisch Sigler's plaintiff's victory over Samsung with report on the award of attorneys' fees and a running royalty
As part of the next step in our plaintiff's win against Samsung for client Imperium, the court awarded attorneys' fees and a running royalty. In covering this news, Law360 noted the "beefed-up" running royalty of 6 cents per product for one of the patents-in-suit and 3 cents per product for the other. The article also details the court's award of Imperium's attorneys' fees as a result of Samsung's "multiple material misrepresentations under oath and in their pleadings."
Law360 continues its coverage of Fisch Sigler's defense of Juniper Networks in a case brought by Blue Spike
In continuing coverage of what began as the largest patent infringement case in history, Law360 discusses Blue Spike’s just-filed opposition to Juniper’s motion to transfer the case to the Northern District of California. The article also covers prior events in the case, including Juniper’s unprecedented motion for a 150-day extension to answer the 1,492 infringement allegations in the complaint and Blue Spike’s subsequent dropping of one dozen of the 26 initially asserted patents.
Alan Fisch and John Battaglia to speak at the 2017 EDTX Bench-Bar Conference
Alan and John will speak at the 2017 Eastern District of Texas Bench-Bar Conference. Alan will speak on a panel entitled "Affirmative and Defensive IP Strategies in an Unstable Legal Environment" and John will speak on a panel entitled "Deciding Where to File a Case. What Makes a Favorable Venue; Peeking Inside the Decision Making Process." Alan and John’s participation at the conference reflects the team's winning experience in the jurisdiction, which includes five patent trial victories. The conference will be held in Plano, Texas from October 4-6, 2017.
Law360 covers yet another court admonishing Samsung in its long running dispute with Fisch Sigler client Imperium
After losing $19.2 million in the Eastern District of Texas as a result of a jury finding of willful infringement, Samsung has continued the battle in Delaware. There, Samsung filed an amended complaint redacting 55 of the 79 allegations and five of the nine requested remedies. Judge Mark Kearney, sitting by designation from the Eastern District of Pennsylvania, rebuked Samsung's conduct. Judge Kearney wrote "we do not preclude public access to the facts underlying our orders simply because businesspersons do not want their business dealings disclosed. We need much more." The Law360 article also reminds its readers that this is not Samsung's first judicial rebuke for its conduct toward Imperium. At trial, Samsung was sanctioned for producing documents during trial and having multiple of its corporate witnesses engage in "multiple material misrepresentations."
Amazing Firms, Amazing Practices Blog Lauds Fisch Sigler's Bespoke Recruiting Approach
The Amazing Firms, Amazing Practices blog, authored by Gerry Riskin, is the latest to laud our bespoke Superstar Attorney recruiting process. Gerry Riskin, a respected and influential author on the subject of law firm excellence, praises our process as "intriguing" and "ultimately successful." Our unique process is designed to identify men and women who share the firm's winning ethos and posses the necessary IQ and EQ to thrive on our team.
Super Lawyers recognizes SIX of Fisch Sigler's Superstar Attorneys
A publication recognizing only the top 5% of the legal profession honored 50% of Fisch Sigler's Superstar Attorneys with accolades. Alan Fisch, Bill Sigler, and John Battaglia have been named to the Washington, DC Super Lawyers list. Jeffrey Saltman, David Saunders, and Silvia Jordan have been named 2017 Super Lawyers Rising Stars. Jeff was named to the Washington, DC list, David to the Northern California list, and Silvia to the New York list.
American Bar Association Journal chronicles Fisch Sigler’s search for candidates who go above and beyond
The most successful people know how to deliver that special something extra. For men and women who live by such a credo, we provide a welcoming and collaborative environment for growth and success. That is one reason why we ask candidates seeking to join our team to go above and beyond. The ABA Journal is the latest publication to report on our firm's bespoke recruiting process, one designed to identify Superstar Attorneys who fit our firm's ethos and winning ways.
Managing IP Magazine once again selects Alan Fisch, Bill Sigler and John Battaglia as "IP Stars" in the 2016 World IP Handbook and Survey
Managing IP magazine's IP World Handbook and Survey is the publication's definitive guide to the top intellectual property attorneys in the United States, through its selection of "IP Stars." Alan, Bill, and John have once again been selected as "IP Stars."
Bloomberg Law covers Fisch Sigler’s Bespoke Superstar Attorney hiring process
While a great lawyer can win a motion, it takes a great team to win trials and appeals. For that reason, every Fisch Sigler Superstar Attorney, present and future, must possess a winning IQ and EQ. Bloomberg Law's Big Law Business details some of the unique approaches we take to help us understand a candidate’s IQ and EQ fit for our firm. Do you have what it takes to join us?
Law360 covers the Supreme Court's sounding of the final horn in Fisch Sigler's victories for Amazon.com over Appistry
"The High Court's denial of a writ of certiorari brings an end to a dispute that has spanned two suits asserting four total patents over the course of three years," Law360 said of our latest victory for Amazon over Appistry. As Law360 also reports, Amazon identified the Appistry cases to shareholders as significant pending lawsuits in its 2016 annual financial report (10K) to the SEC. The article quotes Amazon's 10K filing statement that: "we dispute the allegations of wrongdoing and intend to defend ourselves vigorously in these matters." With the Supreme Court's decision sounding the final horn in the dispute, our vigorous defense resulted in four invalidated Appistry patents, two district court victories, and two Federal Circuit victories.
JD Journal continues its coverage of Fisch Sigler's Unique Recruiting Process
"Do you have what it takes to work here?" This is more than just a rhetorical question. At Fisch Sigler, it is the start of a process designed to evaluate the whole of a candidate, including not just their IQ, but also their EQ. To enhance that process, Fisch Sigler has always asked candidates to complete a quiz. And for our latest job posting seeking a patent damages-focused attorney, we have added a math question. Once again, JD Journal lauded the firm's approach, pronouncing "their latest job listing has proven that they are consistent with their human resource creativity."
Law360 Covers Fisch Sigler’s Federal Circuit Filings for Imperium Against Samsung
As part of the epilogue to Fisch Sigler’s jury trial win for Imperium against Samsung, the IPR process continues. Law360 published an article covering the most recent development: Fisch Sigler’s filing of two Federal Circuit appeals addressing the PTAB’s improper invalidation of two of three Imperium patents-in-suit. The article identifies Imperium’s objection to the board reaching "its obviousness conclusions based in part on reasons the board itself raised and decided as to the motivation to combine the cited references, contrary to this court’s precedent." The story also reminds readers that the Court deemed Samsung’s infringement willful, and found that Samsung "lied under oath several times," thus leading to the enhancement of the damages to $21 million. Imperium’s District Court motions for court costs and attorneys fees remain pending.
IAM Patent 1000: The World’s Leading Patent Practitioners once again ranks Alan Fisch a top litigator
Intellectual Asset Management has once again recognized Alan Fisch as one of its top litigators in its IAM Patent 1000 – The World's Leading Patent Professionals." This year the publication says of Alan: "IP trial lawyer with swagger," who has "met with success every step of the way" and "has a broad perspective on IP protection which keeps him grounded in the heat of battle."
IAM Patent 1000: The World’s Leading Patent Practitioners once again ranks Fisch Sigler among top firms
Intellectual Asset Management has ranked Fisch Sigler in its IAM Patent 1000 – The World's Leading Patent Professionals. The publication notes that "winning jury trials is the signature move of Fisch Sigler," and identifies that our team has also chalked-up "a string of crucial wins at the Federal Circuit." Fisch Sigler is once again grouped alongside mega-firms Kirkland & Ellis, Quinn Emanuel, and WilmerHale.
Chambers Names Alan Fisch Top 10 IP Litigator in Washington, DC
In naming Alan one of the top 10 IP litigators in Washington, DC in its 2016 list (published in May 2017), Chambers wrote that Alan is "highly regarded for his extensive experience litigating IP matters and is particularly expert on technology and computing matters." Alan has been a fixture of this publication for many years. Chambers' reviews in prior years noted that Alan is "highly intelligent, and has a very good sense of strategy and how to communicate well with juries," and "an excellent scientist and knows his patent law backwards." Chambers develops its rankings through confidential, in-depth telephone interviews with lawyers and clients around the world.
Retuers quotes Alan Fisch on Supreme Court decision to hear case about the constitutionality of the PTO's Inter Partes Review process
The Supreme Court's decision to hear Oil States Energy v. Greene's Energy Group, a case about the constitutionality of inter partes review, could portend a seismic shift in PTO practice and patent litigation strategy. Reuters' coverage of this case, quoted Alan as saying that although "the case involves a patent relating to hydraulic fracking," it will be "closely watched by technology companies" because of their "frequent use of inter partes review." This wire service story also appeared in other media outlets such as The New York Times and U.S. News & World Report.
Bill Sigler presented on an IPO IP Chat Channel webinar about venue transfer and § 1400(b) in light of the Supreme Court's TC Heartland decision
Bill Sigler shared his insight on the panel titled "Venue Transfer and 35 USC Section 1400(b) After Heartland." The panel offered a spirited discussion about this reinterpretation of the venue provisions governing patent litigation. Bill's co-panelists were Kenneth Adamo of Kirkland & Ellis and Brett Johnson of Winston & Strawn. The panel was held on June 13, 2017.
Law360 includes commentary from Bill Sigler in its coverage of HBO's "Silicon Valley" Episode on patent litigation
Oscar Wild remarked in 1898 that "life imitates art far more than art imitates life." But this famed author, poet, and playwright would have been disappointed by a 2017 episode of HBO’s Silicon Valley titled "The Patent Troll," which drew inspiration from the patent enforcement suits of nonpracticing entities. In a story recounting the episode’s plot, Law360 included commentary from Bill Sigler. Bill reminded readers that "the quality of the patent should be the focus, not who owns it," and cautioned that the "exclusive focus on ownership distracts from significant issues like venue, patentable-subject matter and claim quality."
Law360 covers Fisch Sigler's motion to dismiss under 28 USC § 1400(b) for Juniper Networks against Blue Spike
Instead of answering Blue Spike's 62-page amended complaint asserting willful infringement of 14 patents against over 100 Juniper Networks' products, we filed a motion to dismiss under 28 USC § 1400(b). Law360 covers this filing, quoting frequently from our briefing, including: "'Here, Blue Spike does not allege that Juniper is incorporated in, or has a regular and established place of business in, the Eastern District,' the motion reads in urging dismissal. 'Rather, Blue Spike conformed its allegations to the pre-TC Heartland approach that accepted personal jurisdiction as a basis for holding venue.'"
Law360 continues coverage of Fisch Sigler's defense of Juniper Networks in the largest-ever US patent suit
In the article "Blue Spike Trims what was Largest Ever US Patent Suit," Law360 continues its coverage of our defense of Juniper Networks against Blue Spike’s assertion that more than 100 Juniper products willfully infringe 26 patents. The article identifies that, in response to Juniper’s motion seeking a 150-day extension to answer the 109-page complaint, Blue Spike filed an amended complaint reducing its willful infringement allegations by 12 patents, leaving 14 patents still in the case. Blue Spike’s reduction transforms the case from the largest-ever US patent infringement suit to one of the largest-ever US patent infringement suits.
Law360 continues coverage of Fisch Sigler wins for Amazon.com against Appistry
Our Appistry victories for Amazon.com continue to generate well-deserved press coverage. In this article, Law360 reminds its readers that we triumphed over Appistry in two district court cases and two Federal Circuit cases as part of the publication’s coverage of Appistry's petition for a writ of certiorari at the Supreme Court of the Appistry II patents.
Law360 covers the latest round of Fisch Sigler post-trial victories against Samsung on behalf of Imperium
Last year, Fisch Sigler successfully tried a patent infringement case against Samsung on behalf of Imperium. After a seven-day trial in the Sherman Division of the Eastern District of Texas, the jury returned a verdict that Samsung had willfully infringed two of Imperium's patents. Post-trial briefing ensued thereafter, and Law360 covers the latest round of Fisch Sigler's post-trial successes for Imperium. This article reports on the Court's granting of Imperium's requests for a running royalty, and pre- and post-judgment interest. These decisions also pave the way for Imperium to file its bill of costs and a request to recover its legal fees.
Law360 covers Fisch Sigler's defense of Juniper Networks in the largest patent infringement case in United States history
Blue Spike's 109-page complaint asserts 26 patents against more than 100 Juniper products for a combined 1,849 infringement allegations. This is the largest infringement case in the United States history in terms of number of patents, accused products and potential asserted claims. Law360 covers our motion seeking an additional 150-day extension to prepare a proper answer to the complaint.
The Recorder quotes Alan Fisch on the recent trend of District Court Judges Seeking technical Information
In a front-page article aptly headlined "In Complex Cases, Some Judges Geek Out," The Recorder discusses an emerging trend in the Northern District of California for judges "to delve deeper into the technologies themselves." In particular, the story discusses recent efforts by Judges Donato and Alsup to obtain technical information from the parties without the use of an advocacy model. The article quotes Alan Fisch discussing this emerging trend.
JD Journal Praises Fisch Sigler's Uncommon Approach to Hiring Superstars
In a story praising Fisch Sigler's attorney recruiting, JD Journal begins: "Finding a new lawyer who is a perfect fit for a law firm isn't an easy task." The article continues, "but one IP trial law firm has its own unique approach — quizzes!" After detailing some of the firm's techniques, it quotes Alan Fisch: "Our recruiting is specifically designed to identify superstars with the right IQ and EQ fit for our organization. We acknowledge that our approach is uncommon, but so are the people we are seeking. We also value the candidate self-selection that results from our different approach." The article concludes by praising the firm's methodology: "Well played Fisch Sigler, well played."
Law360 covers our motion to compel arbitration for Amazon.com against Broadcom in an 11-patent litigation
The motion seeks the enforcement of a written agreement at arbitrate disputes between the sophisticated parties to the lawsuit. By that agreement — the Amazon Web Services Customer Agreement — Broadcom expressly promises not to assert or assist a third party in asserting any patent infringement claim against any Amazon Web Services’ products used by Broadcom. It also requires Broadcom to arbitrate any claims relating in any way to those services. Broadcom breached both of those promises through its complaint accusing Amazon Web Services of infringing Broadcom’s patents.
Law360 selects Fisch Sigler as a "Legal Lion"
Law360 selects Fisch Sigler as a "Legal Lion" as a result of the firm's two Federal Circuit victories for Amazon.com against Appistry LLC. This is the second time in the past three years that Fisch Sigler has been selected by Law360 as a "Legal Lion."
Expert Guide to the World's Leading Patent Law Practitioners again names Alan Fisch
Alan is among an elite group of patent law practitioners chosen for inclusion in the 2017 Expert Guide to the World's Leading Patent Law Practitioners. Alan has been a staple of this list for over a decade. Expert Guides makes its selections through a process that begins with nominations from 4,000 attorneys across the country, and culminates with a vetting process incorporating extensive independent research and interviews with a select group of expert advisors in each field of practice.
Law360 covers Fisch Sigler's two Federal Circuit victories for Amazon.com
Law360 features the two Federal Circuit affirmances that our team obtained for client Amazon.com against plaintiff Appistry LLC. Less than 48 hours after oral argument, the Federal Circuit affirmed via Rule 36 the dual lower court victories that resulted in the invalidation of four Appistry patents under 35 U.S.C. § 101.
Law360 covers the two Federal Circuit oral arguments in our protection of two lower court victories for Amazon.com
Fisch Sigler secured two different lower court victories invalidating a combined four patents asserted by Appistry. This article covers the two oral arguments at the Federal Circuit seeking to protect those two wins. The article identifies that questions from the bench focused on other recently-decided cases under 35 U.S.C. § 101.
Law360 continues its coverage of our treble damages award against Samsung on behalf of Imperium
Fisch Sigler’s treble damages award against Samsung remains in the news, as Law360 published a story on Samsung’s efforts to overturn the Court’s decision. The article highlights the grounds for the Court’s opinion, including that Samsung "lied under oath several times" and misrepresented its knowledge of Imperium’s patents.
U.S. News once again ranks Fisch Sigler among top firms
U.S. News & World Report once again ranks Fisch Sigler as one of its Best Law Firms nationwide for patent litigation. The publication's 2017 Best Law Firms rankings result from a rigorous evaluation process that includes client and peer reviews from leading attorneys. The rankings incorporate over 6 million evaluations of over 55,000 lawyers.
Alan Fisch moderates panel at the 2016 EDTX Bench Bar Conference
Alan moderated at the annual Eastern District of Texas Bench Bar Conference a panel titled "Inside the Judges' Chambers: An Introspective Fireside Chat with Federal Circuit Judges." The panel consisted of Federal Circuit Chief Judge Sharon Prost and Federal Circuit Judge Raymond T. Chen. The conference was held from October 19 to 21 in Plano, Texas.
Corporate Counsel recognizes Fisch Sigler's representation of Amazon.com, Inc.
In Corporate Counsel's annual famed survey of Who Represents Corporate America, the publication details the increasing use of boutique law firms by the Fortune 50. As an example, the article turns to Amazon.com, Inc. "For intellectual property litigation, Amazon.com has a long list of firms that includes a bit of everything: global giants such as White & Case, such regional firms as Stoel Rives, and boutiques such as Fisch Sigler, a 10-person shop founded in 2012 by a former big-firm lawyer," writes the publication.
Law360 covers post-trial briefing in our treble damages win against Samsung
The press coverage of our treble damages award against Samsung continued, with Law360 publishing a story on the parties’ post-trial briefing in support of Rule 50 motions. The article recounts the jury’s verdict finding that Samsung infringed two valid patents held by Imperium, and details the Court’s post-verdict imposition of treble damages due in-part to Samsung’s multiple misrepresentations under oath.
Best Lawyers in America selects Alan Fisch for seventh consecutive year
Alan has once again been selected for inclusion in Best Lawyers in America. Alan has long been a fixture in this publication, which was distributed on October 7 with the Washington Post, New York Times and Wall Street Journal. Best Lawyers makes its selections based entirely on a peer-review process designed to capture the consensus opinion of leading lawyers about the professional abilities of their colleagues within the same geographical area and legal practice area.
The Korea Herald covers our treble damages award on behalf of Imperium against Samsung
The Korean press has joined the coverage of Imperium's treble damages award against Samsung. The Korea Herald reports the news of the $21 million award, including that Samsung "misrepresented facts and offered false testimony at trial."
Texas Lawyer covers our treble damages award on behalf of Imperium against Samsung
In an article for the Texas Lawyer, sister publication to The American Lawyer, noted-Texas journalist John Council writes on the significance of the decision to the Eastern District of Texas, and beyond, in light of the Supreme Court's recent Halo decision. The article also identifies that Samsung "did not have a good faith belief of non-infringement and instead tried to purchase the plaintiff's patent in secret, made multiple material misrepresentations under oath and presented false testimony to the jury."
Law360 covers our treble damages award on behalf of Imperium against Samsung
The coverage of the team’s treble damages award against Samsung continues in Law360. The article details the highlights of the Court’s opinion, including that Samsung "lied under oath" during the trial.
Reuters covers our treble damages award on behalf of Imperium against Samsung
Retuers in an article titled "Samsung Punished with Triple Damages in Patent Case" covers our team's jury victory and subsequent awarding of treble damages for wilful infringement. Reuters details the key portions of the Court's opinion establishing the grounds for this full trebling of the damages to nearly $21 million.
Benchmark Litigation names Bill Sigler to its inaugural national "Under 40 Hot List"
Bill Sigler has been selected by the editors of Benchmark Litigation to the publication's first ever national "Under 40 Hot List". In creating its list, Benchmark Litigation's work included researching high stakes cases, evaluating trial results, and soliciting input from thousands of practitioners.
The Wall Street Journal Quotes Alan Fisch on the Supreme Court phase of Apple v. Samsung
The patent battle between Apple and Samsung now heads to the Supreme Court, where the Justices are being asked to define how damages should be calculated for design patent infringement. In The Wall Street Journal's coverage of the case, Alan provides commentary on the likely aftermath of such a Supreme Court ruling.
Law360 Covers Fisch Sigler's Second §101 Victory on Behalf of Amazon.com Against Appistry
Appistry's second suit against Amazon.com ended much the way that Appistry's first case against Amazon ended – with a finding of invalidity under 35 U.S.C. §101. This time it was Judge Richard A. Jones of the Western District of Washington who granted our Rule 12 motion. Judge Jones invalidated both asserted patents in light of the Supreme Court's Alice decision. Law360 covers the victory, including quotes from the opinion.
Chambers names Alan Fisch to its list of the top 8 IP litigators in Washington, DC
In naming Alan to its list of the top 8 IP litigators in Washington, DC, Chambers wrote that Alan is "a highly regarded patent litigator with extensive knowledge of the computer software space. Sources say he is 'very good at thinking outside the box and approaching issues from a different perspective.'"
IAM Patent 1000: The World’s Leading Patent Practitioners ranks Fisch Sigler among top firms
For the third year running, Intellectual Asset Management has ranked Fisch Sigler in its IAM Patent 1000 – The World's Leading Patent Professionals. We are once again ranked alongside mega-firms Kirkland & Ellis, Quinn Emanuel, and WilmerHale. Managing Partner Alan Fisch is also personally ranked in the top grouping for individuals. The publication highlights our "hotshot trial capabilities," and identifies that our team "boldly draws lines in the sand for clients whose business-critical products and services are under threat."
The American Lawyer Quotes Alan Fisch on "Googacle" Trial
The American Lawyer turned to Alan for commentary on the $9 billion copyright trial between Oracle and Google. The article, which ran in the The Recorder, AmLaw Daily, on law.com, included Alan’s comments regarding Judge Alsup’s suggestion that Oracle and Google waive their pretrial stipulation precluding either party from referring to the parties’ prior related trial.
Law360 publishes Bill Sigler article surveying the actual trial impact of Section 298
In patent infringement jury trials, a defendant’s failure to obtain an opinion of counsel despite having knowledge of a patent is often powerful evidence. A plaintiff can potentially use the absence of an opinion to support its positions on infringement, willfulness, validity, damages and other issues. The America Invents Act includes a provision — 35 U.S.C. § 298 — that seeks to limit the use of the absence of such an opinion to prove willful infringement and inducement. Bill's article studies the past five years of published trial court and Federal Circuit opinions addressing Section 298, revealing differing applications of the statute, and lingering uncertainty about how it will impact the admissibility of evidence at trial.
Financial Times quotes Alan Fisch about smartwatch patent litigation expectations
Alan appeared in the Financial Times in a piece entitled "Smart Watches Herald New Legal Battles." The article quotes Alan as follows: "Smartwatch patent battles will increase or decrease as a function of the demand for the product itself. Substantial patent disputes often follow a substantial demand for a new product class. This was true for sewing machines in the 1800s, disposable diapers in the 1900s and smartphones in the 2000s."
Law360 Covers the Supreme Court's preservation of our EDTX jury trial win and Federal Circuit appellate victory for Gap, Inc.
The U.S. Supreme Court decided not to review a Federal Circuit decision that found all of the asserted claims of two disputed patents invalid, and an Eastern District of Texas jury finding of noninfringement. The Supreme Court’s decision puts the final stamp on a case that began in March 2010, when Alexsam sued The Gap in Marshall, Texas for patent infringement.
Law360 names John Battaglia to its Intellectual Property Editorial Advisory Board
Law360 has selected John Battaglia to join its Intellectual Property Editorial Advisory Board. The advisory board consists of thought leaders and specialists who provide Law360 with industry insight and editorial feedback.
Law.com covers Fisch Sigler's jury trial win for Imperium over Samsung
The American Lawyer Law.com website selected as a top intellectual property law story the firm's jury trial victory over Samsung on behalf of Imperium. The jury awarded Imperium $7 million and found Samsung a willful infringer. This article also ran in The American Lawyer's Litigation Daily.
Texas Lawyer covers Fisch Sigler's jury trial Win for Imperium over Samsung
Texas Lawyer covers the Fisch Sigler jury trial victory over Samsung on behalf of Imperium. This article addresses specifics of trying the case in the Sherman Division of the Eastern District of Texas. The jury awarded Imperium $7 million and found Samsung a willful infringer.
Law360 covers Fisch Sigler's jury trial Win for Imperium over Samsung
Law360 covers yet another Fisch Sigler jury trial victory, this time a plaintff's win for client Imperium against Samsung. The jury awarded Imperium $7 million and found Samsung a willful infringer.
Reuters covers Fisch Sigler's jury trial win for Imperium over Samsung
Reuters quotes Bill Sigler as part of its coverage of the Fisch Sigler jury trial victory over Samsung on behalf of client Imperium. The jury awarded Imperium $7 million and found Samsung a willful infringer.
Law360 covers our stay obtained in the District of Delaware for Amazon.com
Once again Fisch Sigler was the subject of coverage in Law360, this time for our successful motion to stay on behalf of Amazon.com in a patent case in the District of Delaware. The Law360 article, "Amazon Gets Patent Suit Paused for Invalidity Assessment," discusses the Court’s decision to stay all case deadlines while it considers our pending motion to dismiss under Section 101, and includes quotes from the Court’s Order.
Benchmark Litigation again honors Fisch Sigler
Once again Fisch Sigler has been honored by Benchmark Litigation in its annual review of the nation's top intellectual property litigation practices. Fisch Sigler ranked with the much larger Covington & Burling, Cravath, Swaine & Moore, Finnegan Henderson and Fitzpatrick Cella.
U.S. News once again ranks Fisch Sigler among top firms
U.S. News & World Report once again ranks Fisch Sigler as one of its Best Law Firms nationwide for patent litigation. The publication's 2016 Best Law Firms rankings result from a rigorous evaluation process that includes client and peer reviews from leading attorneys. The rankings incorporate over 6 million evaluations of over 55,000 lawyers.
Alan Fisch moderates panel at the 2015 EDTX Bench Bar Conference
Alan moderated at the 18th Annual Eastern District of Texas Bench Bar Conference a panel titled "Views from the Top. A Fireside Chat about Our Nation’s Patent System." The panel included Retired Federal Circuit Chief Judge Paul Michel, Former Patent & Trademark Office Commissioner Todd Dickinson and Monica Magnusson, VP Intellectual Property Rights Policy, Ericsson AB. The conference was held from October 21 to 23 in Plano, Texas.
IAM Patent 1000: The World’s Leading Patent Practitioners ranks Fisch Sigler among top firms
"With every new trial win, Fisch Sigler finds its name splashed on the front pages." Those are the words that the 2015 IAM Patent 1000 used in identifying our firm as one of the top patent litigation practices in DC. The same publication also described Managing Partner Alan Fisch as a "dashing trial lawyer" whom "the patent world is lucky to have." IAM ranked our firm in the same grouping as Kirkland & Ellis, Quinn Emanuel and WilmerHale.
Law360 Covers Fisch Sigler's §101 Victory for Amazon.com
In a case of first impression for the Western District of Washington, Chief Judge Pechman granted our Rule 12 motion challenging a plaintiff's patents as directed toward unpatentable subject matter. The court's order, invalidating all asserted claims of both asserted patents in light of the Supreme Court's Alice decision, came exactly two weeks after the court heard oral argument. Law360 covers the victory, including quotes from the opinion.
Super Lawyers Names David Saunders a "Rising star"
Dave was named a "Rising Star" in the 2015 edition of Northern California Super Lawyers. To be considered for this high praise, an attorney must be 40 years old or younger. Selection is the result of a peer review process. This is Dave's second consecutive year being named a "Rising Star."
John Battaglia leads session at The Center for American and International Law's Innovation Concatenation
The Center for American and International Law traces its roots back to 1947, and its Law and Technology programs are some of its most significant offerings. At the group's 2015 Innovation Concatenation, John lead a group of distinguished thought, opinion, and policy leaders in a session titled "Criticisms, Accolades and Suggestions: Enforcement of Intellectual Property Rights in Judicial Proceedings. Is it Necessary to Advance the Cause of Innovation?"
Alan Fisch, Bill Sigler and John Battaglia named "IP Stars" in the 2015 World IP Handbook and Survey
Managing IP magazine's IP World Handbook and Survey is the publication's definitive guide to the top intellectual property attorneys in the United States, through its selection of "IP Stars." Alan, Bill, and John have been selected as "IP Stars."
Law360 Covers Fisch Sigler's Federal Circuit Victory for Gap, Inc.
At the district court we obtained a jury verdict of no infringement for our client Gap Inc. in an action brought by Alexsam. But, a jury finding of validity remained, and we appealed that finding. In a 3-0 decision, the Federal Circuit reversed the jury finding, resulting in a clean-sweep win in which all asserted claims of both asserted patents were found invalid. Law360 covers the victory, including quotes from the Federal Circuit's 22-page opinion.
Chambers Again Recognizes Alan Fisch as a top practitioner
Alan has been recognized again this year in the Chambers rankings as a top IP practitioner in the DC area. Chambers observed that Alan is "a highly regarded patent litigator." Chambers also identifies that Alan is an "excellent scientist and knows his patent law backwards."
Law360 Publishes John Battaglia Article exploring the Application of Teva v. Sandoz
The U.S. Supreme Court decision in Teva v. Sandoz changed three decades of law in which factual questions relating to claim construction were treated to de novo review on appeal. While Teva ruled that such subsidiary fact findings on claim construction should now receive deference, it did so in the context of considering expert testimony, a source of evidence that courts have long categorized as extrinsic. The related question that Teva and the case law to date have not explicitly addressed is: Will a district court’s reliance on extrinsic dictionaries for claim construction likewise be treated as a type of fact determination entitled to deference? John's article explores this significant topic.
Expert Guides Again includes Alan Fisch in its Patent Guide
Alan is among an elite group of patent law practitioners chosen for inclusion in the current edition of Expert Guides: World's Leading Patent Practitioners. Alan has been a staple of this list for a decade. Expert Guides makes its selections through a process that begins with nominations from 4,000 attorneys across the country, and culminates with a vetting process incorporating extensive independent research and interviews with a select group of expert advisors in each field of practice.
Super Lawyers Select Alan Fisch, Bill Sigler, Jeffrey Saltman and Jennifer Robinson
Alan Fisch and Bill Sigler have been named to the 2015 Washington, DC Super Lawyers list. Alan has appeared on this list since its inception in 2007, while this marks Bill's debut. Jeff and Jennifer have each been named to the 2015 DC Super Lawyers Rising Stars list. This is Jeff's third year on the list, and Jennifer's second year on the list.
Law360 Continues to shower praise on Fisch Sigler's Federal Circuit Win for Papst Licensing
Our Federal Circuit victory for Papst Licensing was selected by Law360 as one of five recent "Federal Circuit Rulings IP Attorneys Need to Know." Papst marked the first time the Federal Circuit applied the Supreme Court's Teva v. Sandoz decision, which held that factual findings made by a district court during claim construction are entitled to deference on appeal.
The American Lawyer Covers Our Successful Summary judgment Battles for Pall Corporation
Our firm represents Pall Corporation against the 3M Company in what is generally considered the longest running active patent infringement case in the United States – 18 years, and counting. The case centers around filtration technology used in commercial production. The American Lawyer covered the completed round of summary judgement motions. The article identifies that Judge Chen of the Eastern District of New York "sided with Pall on all fronts." Judge Chen granted Pall's motion on 3M's inequitable conduct defense and denied 3M's motions for summary judgment on willful infringement, infringement, and lost profits. Trial could be set for mid-2015.
The American Lawyer Covers Our Successful Motion to Dismiss for Juniper Networks
The American Lawyer details District of Delaware Judge Sue Robinson's granting of our motion to dismiss all of Spherix, Inc.'s willful infringement claims against our client Juniper Networks. Spherix based its allegations on four of the patents-in-suit inclusion in a Nortel portfolio of 6000 patents that Juniper considered bidding on in a 2011 auction. The American Lawyer notes that Judge Robinson agreed with our position that Juniper could not be deemed to have had specific notice of a handful of patents by virtue of its consideration of the portfolio.
Law360 Covers FISCH SIGLER's §101 Motion for Amazon.com
In an article, entitled "Amazon Says Alice Nixes Patents On 'Cave Dwellar' Tech," Law360 discusses our motion for Amazon.com in the Western District of Washington to invalidate two patents. The motion identifies that the patents claim the abstract idea of project management, which is ineligible subject matter under 35 U.S.C. §101. The article contains several quotes from the brief, including: "Amazon seeks nothing more than the application of the Supreme Court’s Alice rule, which returns ideas like those covered in the patents-in-suit to their rightful owner — the public."
Law360 Honors FISCH SIGLER as a "Legal Lion"
As part of its continuing coverage of our firm's Federal Circuit victory for Papst Licensing, Law360 selected Fisch Sigler as one of the "Legal Lions" among the entire legal industry for the week of February 2, 2015. Law360 identified that the Federal Circuit victory for Papst Licensing came at the expense of seven digital camera manufacturers represented by Alston & Bird, Drinker Biddle & Reath, Fenwick & West, Jones Day, Morgan Lewis & Bockius, and Orrick Herrington & Sutcliffe.
The American Lawyer covers Fisch Sigler's Federal Circuit win for Papst Licensing
In covering our Federal Circuit victory for Papst Licensing, The American Lawyer proclaimed: "the IP litigation boutique Fisch Sigler has made its name scoring defense victories for the likes of Amazon.com Inc. and Gap Inc. But the firm showed its versatility on Monday, winning an appeal for patent plaintiff Papst Licensing GmbH & Co. in a case against a slew of digital camera makers."
Law360 Covers Fisch Sigler's Federal Circuit Win for Papst Licensing
In the first post-Teva case decided by the Federal Circuit, a 3-0 panel agreed with our position that the district court misconstrued five patent terms, and that the lower court's construction was not entitled to deference. The Federal Circuit remanded the case to the district court for further proceedings. The defendants are FujiFilm, Hewlett-Packard, JVC, Nikon, Olympus, Panasonic, and Samsung Techwin.
Law360 Publishes Desmond Jui Article Surveying northern district of California Law on Contention Amendments
Oftentimes in patent litigation, a party seeks to amend its infringement or invalidity contentions. Local patent rules typically set forth the circumstances when such amendments can be made unilaterally, and when they can only be made with the court's permission. Desmond's article outlines the Northern District of California's approach to this issue, including a survey of relevant recent decisions in the jurisdiction.
Benchmark Litigation Again Selects Alan Fisch as one of the top IP litigators
Benchmark Litigation has recognized Alan as a National Litigation Star, the publication's highest ranking. In its 2015 edition of The Definitive Guide to the Leading Litigation Firms and Attorneys, Benchmark selected Alan as one the nation's top intellectual property litigators. Benchmark has annually recognized Alan in its rankings, with the 2012 guide identifying him as "becoming an IP legend."
Law360 Publishes Bill Sigler article on Federal Circuit's Treatment of Post-Grant Review Evidence at Trial
Last year, the Federal Circuit created a new defense to induced infringement: a good faith belief in invalidity. In its decision announcing this new standard, Commil v. Cisco, the court did not establish what evidence would be admissible to support this defense. Many asked if evidence from a reexamination or inter partes review could now be admissible at trial to negate induced infringement? Bill's article discusses the first Federal Circuit decision to address this question, VirnetX v. Cisco, and its potential impact.
Alan FISCH speaks at the 2014 edtx bench-bar conference
Alan spoke at the 18th Annual Eastern District of Texas Bench Bar Conference on a panel titled 'ED Texas: A Look From Inside & Out.' The panel included Judge Timothy Dyk (Federal Circuit); Chief Judge Leonard Davis (ED Texas); Judge Rodney Gilstrap (ED Texas) and moderator Michael J. Truncale, President-Elect of the Eastern District of Texas Bar Association. The conference was held from October 22nd to 24th in Plano, Texas.
Law360 Recognizes Fisch Sigler as "One of 10 Boutiques Giving Big Firms a Run for Their Money"
Our firm was one of ten in the nation to be profiled by Law360 as a boutique firm successfully competing with big firms. The article quotes an industry insider on the reputation of our firm's Managing Partner Alan Fisch: "He's a very successful big case trial lawyer for patent litigation. Trial experience is worth a lot," adding that "what a lot of lawyers think is impossible comes naturally to him."
U.S. News & World Report Recognizes Fisch Sigler in its 2015 Best Law Firms Guide
The U.S. News & World Report 2015 Best Law Firms Guide selected our firm as one of the top in the United States for patent litigation. U.S. News makes its selections based on client feedback on firms, including expertise, responsiveness, understanding of a business and its needs, civility, and whether they would refer another client to the firm. The selection process also incorporated a survey of over 50,000 practicing attorneys regarding expertise, integrity, whether they would refer a matter to a firm, and whether they consider a firm a worthy competitor.
Expert Guides Includes Alan Fisch in its Best of the Best USA Guide
Alan is among an elite group of patent law practitioners chosen by Expert Guides' as the "Best of the Best" in the United States. Expert Guides makes its selections through a process that begins with nominations from 4,000 attorneys across the country, and culminates with a vetting process incorporating extensive independent research and interviews with a select group of expert advisors in each field of practice. Alan has been a staple of Expert Guides' lists for a decade.
The American Lawyer covers our firm's EDTX Success for Amazon.com
After 28 executed licenses with others, including 11 settlements with co-defendants, Beneficial Innovations dismissed its case against our client Amazon.com less than 300 hours before trial for $0. Preparing Amazon's case to be tried before a jury in Marshall, Texas made all the difference.
The American Lawyer covers our firm's declaratory judgment Success for Hearst Corporation
When Hearst Corporation received a threat letter from the litigious non-practicing entity Webvention, Hearst did not wait to become Webvention’s next victim. On behalf of Hearst Corporation we filed a declaratory judgment action in the District of Delaware. Shortly after filing, the case was transferred to the District of Maryland and stayed pending the outcome of reexamination. The result was the PTO's cancellation of the claims at issue, and the subsequent dismissal of the dispute for no consideration. By the end, Webvention had amassed 361 licensees, and Hearst Corporation was not one of them.
Law360 covers our firm's EDTX Summary Judgment Victory for J.C. Penney
Since 2000, summary judgment for non-infringement has been granted in approximately 1% of all patent cases in the Eastern District of Texas. Our win for J.C. Penney against non-practicing entity EMG is part of that 1%. As a result of the granting of summary judgment for non-infringement, J.C. Penney stopped the challenge of a plaintiff that previously licensed its patent to over 60 companies.
The American Lawyer covers FISCH SIGLER's EDTX Summary Judgment Victory for J.C. Penney
In another article on our firm's summary judgment for non-infringement for J.C. Penney against non-practicing entity EMG, this article writes: "EMG's patent is now on life support following a rare pretrial defense win in the Eastern District of Texas." The article also cites a study that less than 10 percent of all summary judgment motions filed by defendants are granted in the Eastern District of Texas, compared to about 40 percent nationwide.
IAM Patent 1000: The World’s Leading Patent Practitioners ranks FISCH SIGLER as one of the top
As part of being identified as one of the top patent litigation practices in DC, the 2014 IAM Patent 1000 said that Fisch Sigler is "'supremely good at what it does’: high-stakes patent trials on either side of the docket." Our firm ranked in the grouping with the much larger Kirkland & Ellis, Quinn Emanuel, Morrison & Foerster, and WilmerHale.