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The Recorder Quotes Lisa Phillips on District Court Trend of Awarding Attorney’s Fees Based on Inconsistent Claim Construction Positions

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he change in law aligning the PTAB claim construction standard with the federal court standard has prompted several defendants to file motions for attorney’s fees against plaintiffs for taking inconsistent positions in the two venues. And in covering the latest of these motions, Law.com and The Recorder turned to Fisch Sigler Superstar Lisa Phillips for her insights. The article includes Lisa’s forecast that plaintiffs facing such a motion may "try to rely on a separation of powers argument that they’re entitled to be heard on claim construction in their chosen forum," the district court. The story also included Lisa’s commentary that the change in standard posed risks for both sides in litigation, and that "we’re likely to soon see [fee] motions against losing defendants," as well.


 
read the article at The Recorder

Law360 Publishes Ken Fung’s Expert Analysis on the Different Approaches in Patent-Heavy District Courts to Source Code-Related Amendments to Infringement Contentions

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he Eastern District of Texas, Western District of Texas, District of Delaware, and Northern District of California rules don’t fully cover what a plaintiff must do after it reviews a defendant’s computer source code. But because source code is often the best evidence of how a defendant’s system works, this is a significant issue in many computer-related cases. Fisch Sigler Superstar Ken Fung’s Law360 expert analysis article provides the answers on what comes next after the code review in all four of these patent-heavy districts. Ken specifically identifies and explains the different approaches taken by these four courts, which combined account for over half of all newly-filed patent cases.


 
read Ken’s article at Law360

Bloomberg quotes Joe Edell on the longstanding rule that a patent holder can’t reclaim in litigation that which it disclaimed at the Patent Office

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ne longstanding rule for holiday partygoers is: when the host starts cleaning up, the party is over. Last week, the Federal Circuit reiterated another longstanding rule, but for patent litigation: a patent holder can’t reclaim in litigation that which it disclaimed to get around the prior art at the Patent Office. Fisch Sigler Superstar Joe Edell provides commentary to Bloomberg Law about this most-recent Federal Circuit application of this rule. In the story, "J&J Beats Decision Diagnostics Again in Glucose Test Patent Row," Joe comments that the decision prevented the plaintiffs "from asserting the doctrine of equivalents to recapture what they gave up" at the Patent Office. The case once again reminds patent holders to heed this rule, just as guests are wise to remember to make an exit when the host clears the pumpkin pie and starts the dishes.


 
read the article at Bloomberg Law

U.S. News & World Report once again places Fisch Sigler in its highest ranking: "Tier 1" for patent litigation

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e’re proud to once again be ranked at the top of U.S. News & World Report’s Best Law Firm Rankings. For 2020, U.S. News again ranked Fisch Sigler "Tier 1" for patent litigation in Washington, DC. Other firms joining us in Tier 1 include Finnegan Henderson, Kirkland & Ellis, and Morrison & Foerster. U.S. News also selected us nationally for its Tier 2 grouping. Others joining us in this position include Irell & Manella, Jenner & Block, and Williams & Connolly. A warm thank you to our clients, colleagues, and U.S. News for this wonderful recognition!


 
read more at our recognition page

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

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enchmark Litigation has again selected Fisch Sigler LLP as one of the top intellectual property firms in the nation and honored Alan Fisch as a National Practice Area Star, the publication’s highest individual ranking. In the 2020 edition of Benchmark’s Definitive Guide to the Leading Litigation Firms and Attorneys, other firms ranked in our tier include Cooley, Covington & Burling, Cravath, Swaine & Moore, and Finnegan Henderson. Benchmark’s rankings result from a six-month research period examining recent casework and soliciting peer litigators’ opinions. So thank you very much to our colleagues and Benchmark Litigation for this fantastic recognition. And thank you to our clients for the wonderful opportunities to shine!


 
read more at our recognition page

Taipei Times and other Taiwanese media reporting on our United States District Court case on behalf of Taiwan-based Largan Precision

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he Taiwanese press has begun covering our just-filed United States District Court case on behalf of Taiwan-based Largan Precision, the world’s largest maker of premium mobile phone lenses. The case seeks to end the willful infringement of four Largan patents by two Taiwan-based lens manufacturers, Ability Opto-Electronics and Newmax. One of the outlets initiating coverage is The Taipei Times, the largest English daily newspaper in the country. The Times reports that "Ability and Newmax saw their shares tumble 1.41 percent and 4.23 percent to NT$48.80 and NT$102 respectively in Taipei trading, after the patent litigation was disclosed." As the story also recounts, this case follows on the heels of a recent Taiwanese court decision imposing a $50-million judgment against Ability for misappropriating Largan’s trade secrets and transferring ownership of two patents from Ability to Largan.


 
read the article at Taipei Times

Law.com’s popular Skilled in the Art column covers our case for Largan Precision, the world’s largest maker of premium mobile device lenses, against infringers Ability Opto-Electronics, Newmax, and HP

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f our firm had a middle name, it’d be "high stakes litigation." And our recently-filed complaint for Largan Precision is no exception. Largan, based in Taiwan, is the world’s largest producer of high end lenses found in products like your favorite iPhone. Our Eastern District of Texas action addresses the willful infringement of Largan’s lens patents by two other Taiwan-based lens manufacturers — Ability Opto-Electronics (AOET) and Newmax — and by HP Inc. for incorporating those lenses in its products. In its coverage of the case, Law.com’s IP ace Scott Graham says "I’ve seen a lot of ruthless IP litigation over the last several years, but I’m thinking it might be hard to top the Taiwanese camera lens market." It’s our honor to represent Largan in this quest for justice. And this isn’t the first time Largan has had to turn to the courts for justice from AOET — Taiwanese courts recently awarded Largan $50-million and instituted criminal indictments for AOET’s misappropriation of Largan’s trade secrets.


 
read the article at Law.com

Adam Allgood Moderates All-Star International Patent Law panel at the 23rd Annual Eastern District of Texas Bench-Bar Conference

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ne of the most informative and well-attended patent law-related gatherings is the annual Eastern District of Texas Bench-Bar conference. And at this year’s conference, Fisch Sigler Superstar Adam Allgood moderated a panel discussion on the topic of what U.S. companies need to know about enforcing patent rights overseas. The panel brought together international patent law all-stars from four different countries — whose patent systems are at four different stages of development — including South Korea Central District Court Judge Hojin Choi and practitioners from Brazil, China, and the United States.


 
read the conference agenda

Bloomberg Law quotes Joe Edell on the Federal Circuit’s decision construing "wherein" clauses in method claims in Allergan v. Sandoz

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hen there’s a "wherein" clause in a method claim, odds are good that there’ll be a claim scope dispute in litigation. The Federal Circuit decision in Allergan v. Sandoz looks to foreclose some of those places of contention by affirming the district court’s claim construction for several such "wherein" clauses. The court based its construction on the specification’s statement that the claimed formulation is meant to increase efficacy and safety, and the Examiner’s explicit reliance on the "wherein" clauses in finding the claims nonobvious. In Bloomberg Law’s story on this opinion, Fisch Sigler Superstar Joe Edell shares that it "reaffirms the bedrock principle that patent claim terms must be interpreted consistent with the patent’s express teachings and inventor’s statements to the Patent Office that distinguish the invention from the prior art."


 
read the article at Bloomberg

Law360 covers the latest in our representation of Imperium against Samsung: Amicus filings at the Supreme Court supporting Imperium’s Cert. petition

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hat do the former CEOs of Apple, HP, and KLA-Tencor all have in common? A belief that the Supreme Court should reverse the Imperium v. Samsung Federal Circuit decision, and thereby enforce the Seventh Amendment and reinstate the $22-million lower court judgment. Gil Amelio, Carly Fiorina, and Ken Levy, along with nine other Silicon Valley senior leaders, submitted an amicus brief in support of Imperium’s cert petition, in which they ask the Supreme Court to "restore the proper roles of the jury and appellate review in patent litigation" by granting Imperium’s petition. This isn’t the only amicus support for Imperium. US Inventor, Inc. (a group of 13,000 inventors and small business owners that promotes reliable patent rights) also addressed this issue, asking the Court to reaffirm that "the appellate court role does not include finding facts anew, or overturning jury credibility determinations." Thank you to these groups for taking a stand on this critical issue. Law360 covers this latest development in our representation of Imperium, with copies of the submitted briefs.


 
read the article at Law360

Best Lawyers in America selects Alan Fisch for a Tenth consecutive year

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est Lawyers in America has selected our firm’s Managing Partner Alan Fisch as one of the top IP lawyers in Washington, DC. This accolade results from a peer-review process capturing the opinions of leading lawyers about the professional abilities of their colleagues. Congratulations to Alan for making this respected list for ten years in a row. Thank you to our colleagues and Best Lawyers for the recognition. And of course, thank you to our clients for the opportunity to shine.


 
read more at our recognition page

Bloomberg Law Quotes Joe Edell on the Federal Circuit’s Affirmance of the use of the doctrine of equivalence to prove infringement in Eli Lilly v. Hospira

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he doctrine of equivalents remains alive and kicking, as the Federal Circuit’s recent affirmance of an Eli Lilly trial court DOE victory shows. Fisch Sigler Superstar Joe Edell provides commentary to Bloomberg Law on the broader significance of Lilly’s successful use of DOE to protect its blockbuster cancer treatment drug Alimta against generic competitors. In the article "Hospira, Dr. Reddy’s infringe Eli Lilly Cancer Treatment Patent," Joe assesses the opinion’s finding that Lilly did not lose its right to DOE protection because of prosecution history estoppel.


 
read the article at Bloomberg

Bloomberg Law quotes Joe Edell on the Federal Circuit’s decision construing "wherein" clauses in method claims in Allergan v. Sandoz

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hen there’s a "wherein" clause in a method claim, odds are good that there’ll be a claim scope dispute in litigation. The Federal Circuit decision in Allergan v. Sandoz looks to foreclose some of those places of contention by affirming the district court’s claim construction for several such "wherein" clauses. The court based its construction on the specification’s statement that the claimed formulation is meant to increase efficacy and safety, and the Examiner’s explicit reliance on the "wherein" clauses in finding the claims nonobvious. In Bloomberg Law’s story on this opinion, Fisch Sigler Superstar Joe Edell shares that it "reaffirms the bedrock principle that patent claim terms must be interpreted consistent with the patent’s express teachings and inventor’s statements to the Patent Office that distinguish the invention from the prior art."


 
read the article at Bloomberg

Wired quotes Alan Fisch on the law in DC Comics’ enforcement of its "Justice League" trademark against an MIT researcher’s use of "Algorithmic Justice League" to brand her work

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ometimes the path to "truth, justice, and the American Way" can include adversarial trademark proceedings. For the past half-century, DC Comics has used the mark "Justice League," to define a collection of its heroes, including Batman, Superman, and Wonder Woman, who band together to fight villainous characters. Recently, an MIT computer science researcher filed for trademark protection on "Algorithmic Justice League," a mark she had been using to describe her work to fight bias in artificial intelligence algorithms. Wired magazine covered this clash of interests, and its article turned to our own guardian of the galaxy Alan Fisch for insight into the legal issues. Alan charged ahead with thoughts about treading on a trademark’s goodwill and diluting its distinctiveness, reminding citizens of Metropolis, Gotham City, and elsewhere that "the more famous the mark, the broader the protection."”


 
read the article at Wired

Bloomberg Law Reports on Joe Edell’s Prediction for the Pharmaceutical Industry Over the Proposed Patent Act Amendments’ Potential Changes to 35 U.S.C. § 112

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he proposed Patent Act amendments before Congress remain at the forefront of discussion. And Fisch Sigler Superstar Joe Edell joins Former Patent Office Director David Kappos and Former Federal Circuit Chief Judge Paul Michel in sharing candid insight with Bloomberg Law about the impact of these proposed amendments on the pharmaceutical industry. In the article "Biopharma Patents Could Be Compromised Under Update Legislation," Joe speaks as one of the nation’s leading voices on Section 112. Joe identifies that the proposed changes to 112(f) would generally codify and expand upon the Federal Circuit’s 2015 Williamson v. Citrix decision. The article also shares Joe’s empirical study on the same issue. The article includes Joe’s pointed assessment for what these changes could do to the pharmaceutical innovators: "it will be harder for them to get patents."


 
read the article at Bloomberg

Bloomberg Law Quotes Joe Edell on the impact of recent Section 112 caselaw on the Pharmaceutical Industry

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isch Sigler Superstar Joe Edell is one of the world’s foremost 35 U.S.C. § 112 experts. And the press has again tapped him for insight. This time, it’s Bloomberg Law’s Valerie Bauman in her article "Brand Drugmakers’ Patents More Vulnerable Under Court Shift." In the story, Joe addressed the Federal Circuit’s recent decision in Enzo v. Roche, which affirmed an invalidity judgment for lack of enablement under Section 112. Joe explained the immense potential impact of the decision: "For blockbuster drugs, even medium blockbuster drugs, companies stand to lose billions of dollars if the patents are invalidated for lack of enablement." Bloomberg joins an august list of media outlets that have published Joe’s thoughts about Section 112, including the American Bar Association, IPWatchdog, Law.com, and Law360.


 
read the article at Bloomberg

Law.com Asks Adam Allgood for His Perspective on Academic Institutions Using Third-Party Funding for Patent Enforcement Litigation

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hird-party funding has been a growing patent litigation trend, which is now reaching the hallowed halls of academia. Scott Graham of Law.com covered this development in his "Skilled in the Art" column, under the headline "Going to School on Litigation Funding." In the piece, he turned to Fisch Sigler Superstar Adam Allgood for his insight into the trend. When asked about the University of California, Santa Barbara’s recent contracting with litigation funders, Adam said UC’s venture "will certainly raise the profile of this approach within academia. A wave of first-time academic plaintiffs may well be on the horizon."


 
read the article at Law.com

Fisch Sigler Pro Bono Lawyers Continue to Advocate for The Rule of Law in On-going Family Separation Crisis on the US/Mexico Border

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isch Sigler advances its pro bono representation of our asylum-seeking client Elsy Santos-Ortiz and her 6-year-old daughter by presenting arguments and evidence at their merits hearing before the United States Immigration Court. Fisch Sigler Superstar Nicholas Garver, who argued several key issues and presented the testimony of our expert witness, said after the hearing: "I’m honored to represent our legitimate asylum-seeking clients, and in doing so also make our civil society a little bit more civil." Joining us was our co-counsel from Haynes and Boone. This case emanated from the first wave of asylum seekers whom the government separated from their children in 2018. In response to that crisis, Fisch Sigler pledged with 33 other law firms in a New York Times Op-Ed to fight for these families and bring an end to immigration policies that explicitly violate our existing laws, Constitutional rights, and international treaties.


 
read about our pledge in the New York Times

IPWatchdog publishes Joe Edell’s article "One Overlooked Consequence if Congress Discards Alice: More Williamson Section 112(f) Challenges"

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ongress is debating whether to eliminate the § 101 Alice test. If it does so, accused patent infringers will look for other approaches for an early exit from a case. One of those approaches will be § 112(f). Joe evaluates this potential consequence of legislative action for the readers of IPWatchdog. His findings include his own empirical evidence from an evaluation of the last six years of case law on non-"means for" language — the three year windows before and after the seminal Williamson decision.


 
read Joe’s article at IPWatchdog

The American Bar Association publishes Joe Edell’s analysis of proposed legislation’s impact on early validity challenges

Joe Edell of Fisch Sigler LLP
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ecent hearings on proposed amendments to the Patent Act foreshadow major changes to how parties will approach patent invalidity challenges. Congress may well discard the Supreme Court’s Alice test under § 101 and codify the lowered standard for § 112(f) from the Federal Circuit’s Williamson decision. Joe Edell’s Practice Point article for the American Bar Association Intellectual Property Litigation Committee explores how these changes would likely increase the prominence of § 112(f) challenges, and analyzes the Williamson standard’s impact so far.


 
read Joe’s article at the ABA

IAM 1000 again praises FISCH SIGLER — and again ranks Fisch Sigler above law firms 100 times larger AND 100 years older

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e pride ourselves on achieving not just the best outcomes for our clients, but also the most efficient. So it’s nice when others recognize our team’s approach. The latest to do so is Intellectual Asset Management, which once again ranked Fisch Sigler in its 2019 IAM Patent 1000: The World’s Leading Patent Professionals. IAM praises our "no-nonsense approach" and knack for "having cases quickly dismissed, leaving plaintiffs with nothing," referencing Amazon and Juniper as just some of the beneficiaries. Fisch Sigler is once again grouped alongside mega-firms such as Covington & Burling, Kirkland & Ellis, and WilmerHale, and ahead of the likes of Jones Day, Morrison & Foerster, and Quinn Emanuel. Thank you to our clients, colleagues, and Intellectual Asset Management for this recognition.


 
read more at our recognition page

Law360 publishes Joe Edell’s article on the impact of Williamson’s functional-claiming standard on §112(f)

Joe Edell of Fisch Sigler LLP
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he Senate Judiciary Subcommittee on Intellectual Property is considering changes to Sections 101 and 112 of the Patent Act. If enacted, these changes stand to decrease the frequency of invalidity challenges under §101, while increasing the frequency of invalidity and non-infringement challenges under §112. With these changes potentially afoot, it’s a good time to ask: What’s been the impact of Williamson’s functional-claiming standard on §112(f) jurisprudence? Joe’s article undertakes this important analysis.


 
read Joe’s article at Law360

Law.com Features Fisch Sigler’s research on Williamson and commentary from Joe Edell and Alan Fisch

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ur friends former Federal Circuit Chief Judge Paul Michel and former Patent Office Director Todd Dickinson will soon testify before Congress about potential amendments to Section 101 of the Patent Act. If Congress scales back the current Section 101 approach under Alice, defendants will likely turn their attention even more to raising invalidity challenges based on the Federal Circuit’s Williamson v. Citrix decision. Law.com’s IP guru Scott Graham explores this potential shift in "Goodbye Alice, Hello Williamson." The story includes commentary from Fisch Sigler superstars Joe Edell and Alan Fisch on the topic, as well as data compiled by the firm on Williamson’s application thus far. The piece quotes Joe’s observation that "Williamson’s impact has been felt from coast-to-coast, but nowhere more than in the Eastern District of Texas. It’s prominence will grow even larger if efforts to limit the reach of 101 succeed."


 
read the article at Law.com

Managing Intellectual Property Once Again Names Alan Fisch and Bill Sigler "IP Stars"

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hoot 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 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!


 
read more at our recognition page

Chambers once again names Alan Fisch as One of the Top 10 IP Litigators in Washington, DC

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ver 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!


 
read more at our recognition page

Super Lawyers once again honors Alan Fisch, Jeffrey Saltman, and Bill Sigler in its annual rankings

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uper Lawyers’ 2019 rankings recognize Alan Fisch and Bill Sigler as Super Lawyers, and Jeff Saltman as a Super Lawyer 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.


 
read more at our recognition page

Law.com features Fisch Sigler’s research on the one year anniversary of Berkheimer

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t’s been a year since the Federal Circuit’s Berkheimer decision. Have you wondered how the decision has impacted § 101 jurisprudence? We did too, so we investigated. And Law.com’s Scott Graham published our results in his "Skilled in the Art" column. Our team’s research shows that district court grant rates for Alice motions have dropped 15% since Berkheimer. The article includes the following conclusion from Fisch Sigler: "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."


 
read the article at Law.com

Law.com Covers Our Zero-Dollar Dismissal for Juniper Against Beck Branch in the Eastern District of Texas

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ero 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.


 
read the article at Law.com

Law360 reflects on 2018 accolades bestowed, including selection of Jeff Saltman as an IP "Rising Star"

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s 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!


 
read the article at Law360

Law360 Publishes Ken Fung’s article on the NDCA and EDTX requirements for expert testimony at claim construction

Ken Fung of Fisch Sigler LLP
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eva 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.


 
read Ken’s article at Law360

The American Bar Association Publishes Bill Sigler’s Recommendations on Optimal Approaches in Litigating Section 101 Challenges to Software Patents

Bill Sigler of Fisch Sigler LLP
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he 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.


 
read Bill’s article at the ABA

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

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ictory 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. 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.


 
read the article at Law360

U.S. News & World Report once again ranks Fisch Sigler "Tier 1" for patent litigation — the publication’s highest law firm rating

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.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!


 
read more at our recognition page

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

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enchmark 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.


 
read more at our recognition page

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

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he 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."


 
read the article at IPWatchdog.com

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 2018 EDTX Bench-Bar Conference

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rtificial 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.


 
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Alan Fisch leads panel session on Venue at the 2018 EDTX Bench-Bar Conference

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he 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.


 
read the Bench-Bar conference program

Law360 Chronicles our Petition to the U.S. Supreme Court for Enforcement of the AIA’s Multiple-Proceedings Rule on Behalf of SSL Services

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ases like this are the very reason that Congress enacted the multiple proceedings rule." That’s how Fisch Sigler 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."


 
read the article at Law360

Law.com reports on another zero-dollar dismissal obtained for Amazon.com, this time against Kaavo in the District of Delaware

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aavo v. Amazon was no ordinary case. In describing it, Scott Graham writes in his ‘Skilled in the Art’ column for The American Lawyer’s Law.com: "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.


 
read the article at Law.com

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

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t 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!


 
read the article at the ABA Journal

Best Lawyers in America Once Again Selects Alan Fisch — for a Ninth Consecutive Year

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mong 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.


 
read more at our recognition page

Law360 Profiles 2018 Rising Star Jeff Saltman

Jeffrey Saltman of Fisch Sigler LLP
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aw360 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."


 
read Jeff’s profile at Law360

Law360 Names Jeff Saltman a Rising Star — one of only six intellectual property attorneys nationwide so honored

Jeff Saltman of Fisch Sigler LLP
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nyone 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 recognition.


 
read law360’s list

Expert Guides "Best of the Best" Once Again Selects Alan Fisch — a distinction awarded to only 30 intellectual property litigators from across the nation

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est 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.


 
read more at our recognition page

IAM 1000 once again names ALAN FISCH a TOP LITIGATOR, describes him as "A FEARLESS ADVOVATE"

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 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.


 
read more at our recognition page

IAM 1000 PRAISES FISCH SIGLER — ONCE AGAIN RANKING US ABOVE LAW FIRMS 100 TIMES LARGER AND 100 YEARS OLDER”

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eamwork — 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.


 
read more at our recognition page

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

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e 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."


 
read the article at Law360

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

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veryone 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."


 
read the Op-Ed letter at the New York Times

Law.com 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

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any 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.


 
read the article at Law.com

Law360 Covers Our Section 101 Summary Judgment Win in the District of Delaware for Amazon.com — All Claims Asserted by Kaavo, Inc. Invalidated

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e’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.


 
read the article at Law360

Managing Intellectual Property Once Again Selects Alan Fisch and Bill Sigler as "IP Stars"

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he stars shine bright at Fisch Sigler. A galaxy-sized thanks to Managing Intellectual Property for recognizing Alan Fisch and Bill Sigler as "IP Stars" in its 2018 rankings. Congratulations to this duo 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.


 
read more at our recognition page

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

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ike 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.


 
read more at our recognition page

Super Lawyers once again honors Alan Fisch, Jeffrey Saltman, and Bill Sigler in its annual rankings

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00% of the Fisch Sigler partnership — 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.


 
read more at our recognition page

Law360 Covers Our Win For Juniper Networks — Massive Patent Infringement Case Moves from EDTX to NDCA As Blue Spike’s Motion for Reconsideration Denied

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he 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.


 
read the article at Law360

Law.com Previews Oral Argument in our Federal Circuit Case for SSL Services Against Cisco Systems

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cott 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 identified that Fisch Sigler represents SSL.


 
read the article at Law.com

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"

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ur $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 identifies the award to date, which now totals over $28 million.


 
read the article at Law360

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

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hopping 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 totals over $28 million.


 
read the article at Law.com

Employment Crossing Quotes Bill Sigler on Fisch Sigler’s Approach to Attracting and Retaining Superstar Attorneys

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0’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."


 
read the article at Employment Crossing

Reuters covers our $7.1 million ATTORNEY’S fees award against Samsung, raising our client Imperium’s total judgment to more than $28 million

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ur 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,"


 
read the article at Thomson Reuters

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

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he 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.


 
read the article at Law360

Law.com 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

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he 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.


 
read the article at Law.com

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

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he 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.


 
read the article at Law360

Law.com Publishes Alan Fisch’s trial lawyer perspective on the aftermath of the Federal Circuit’s significant Berkheimer v. Hewlett-Packard decision

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ffective 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."


 
read the article at Law.com

Law360 Publishes Kate Ryland’s Research Showing EDTX Attorney Fees Motions Granted at Same Rate Before and After Octane Fitness Decision

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he 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.


 
read Kate’s article at Law360

ABA Journal Again Chronicles our Bespoke Superstar Attorney Hiring Process — Unconventional Methods Yield Exceptional Results

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he 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."


 
read the article at the ABA Journal

JD Journal Once Again Covers our Bespoke Superstar Attorney Hiring Process — Superstars want to Work with Superstars

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xceptional 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."


 
read the article at JD Journal

JEFFREY SALTMAN ELECTED TO THE PARTNERSHIP OF FISCH SIGLER

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he 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.


 
read Jeff’s full biography

 
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