NEWS: Our leadership in court, in practice, and in thought gives our small firm a large presence.


LAW.COM TELLS READERS TO "BUCKLE UP" IN ITS COVERAGE OF OUR DEFENSE OF AMAZON IN FIVE-PATENT DISTRICT OF DELAWARE CASE

A

mazon is facing a new lawsuit alleging that more than a dozen products and services, including Prime Video, Twitch, and AWS, infringe five patents. As Law.com reports in its "Who Got the Work" feature, Amazon "is calling on attorneys from Fisch Sigler" to defend this case brought in Wilmington by patent-holding entity Acceleration Bay. In assessing the responses we’ve filed on behalf of Amazon so far, Law.com declares: "In other words, buckle up." The story also identifies that Fisch Sigler partners Alan Fisch, Bill Sigler, Jeff Saltman, and Lisa Phillips have appeared in the case for Amazon.

read the article at Law.com


INTELLECTUAL ASSET MANAGEMENT NEWS COVERS LICENSE AND SETTLEMENT ACHIEVED FOR FIRM CLIENT 5G IP HOLDINGS IN CASE ASSERTING STANDARD ESSENTIAL 5G PATENTS AGAINST SAMSUNG

S

amsung has licensed our client 5G IP Holdings’ standards essential patents relating to 5G wireless technology. IAM News covered this agreement, which resolved the patent infringement case that we pursued on behalf of 5G IP. As IAM News reports, the settlement came about five weeks after the court issued its preliminary claim constructions and held a claim construction hearing, at which Fisch Sigler superstars Andrew Ramos, Ken Fung, and Alan Fisch argued for 5G IP. The story also includes this comment from Fisch Sigler partner Jeffrey Saltman: "Samsung’s license underscores the significance of the 5G IP portfolio. We’re looking forward to the next steps."

read the article at IAM


Best Lawyers in America Once Again Honors Alan Fisch — for a thirteenth consecutive year

M

ake it a baker’s dozen. For 13 years in a row now, Best Lawyers in America has honored Alan Fisch as one of the top intellectual property lawyers in Washington, DC. Best Lawyers evaluates and selects honorees based on a peer-review process capturing the opinions of leading lawyers about the professional abilities of their colleagues. And that process resulted in Best Lawyers’ 2023 edition once again honoring Alan. So, thank you to our clients, peers, Fisch Sigler superstars, and of course Best Lawyers for this recognition!

read more at our recognition page


Chambers and Partners’ 2022 Guide to the Top Lawyers and Law Firms Once Again Honors Alan Fisch as One of the Top IP Litigators in the United States

C

hambers and Partners annually targets only the most preeminent for inclusion in their 2022 Guide to the Top Lawyers and Law Firms. And once again, Chambers honored Alan Fisch as one of the very top IP practitioners in the United States. As it has annually, Chambers selected Alan through its in-depth rigorous process, which uses interviews to identify those with exceptional practice area expertise, ability, and client service. So, a warm thank you to our wonderful clients for the opportunities to shine, our team of superstars for consistently producing winning results, and to Chambers for this honor!

read more at our recognition page


LAW.COM COVERS ANOTHER FISCH SIGLER PATENT WIN FOR JUNIPER NETWORKS, THIS ONE AGAINST SWARM Technology in The NORTHERN District OF California

O

ur client Juniper Networks received a series of menacing letters from patent holding entity Swarm Technology. We responded to Swarm’s threats by filing a declaratory judgment action. And now, as Law.Com reports, we succeeded in invalidating all three of Swarm’s patents under 35 U.S.C. § 101. "Juniper is pleased with the result and proud of our team," Juniper’s Head of Litigation and Global Investigations Dave Saunders told Law.com. As the article details, the Northern District of California granted our motion to dismiss Swarm’s infringement counterclaims, finding that a representative claim was "drawn to the abstract idea of retrieving and completing tasks from a task pool," and that the patents provided no inventive concept.

read the article at Law.com


MANAGING IP AGAIN RANKS FISCH SIGLER AS A TOP FIRM FOR PATENT LITIGATION AND HONORS ALAN FISCH AND BILL SIGLER AS "IP STARS"

O

ur team of superstars consistently achieves stellar results for our clients. And Managing IP’s latest survey of patent litigation clients and peers shows that once more. As it has time and again through the years, Managing IP honored Fisch Sigler as one of the top patent litigation firms in Washington, D.C. in its 2022 World IP Handbook & Survey. Managing IP also once again recognized partners Alan Fisch and Bill Sigler as "IP Stars" in its 2022 rankings of the world’s leading IP practitioners. So thank you to our clients, peers, and all the Fisch Sigler superstars for this cosmic recognition!

read more at our recognition page


Super Lawyers Names Ken Fung a Rising Star in Northern California for the third straight year!

C

ongratulations Ken! For the third straight year, Super Lawyers selects Ken Fung as a Rising Star in Northern California, an honor bestowed on top attorneys under 40-years-old. He’ among the constellation of other Fisch Sigler Superstars who’ve been honognd by this publication, with Alan Fisch and Bill Sigler named DC Super Lawyers, and Jeffrey Saltman named a DC Rising Star. Super Lawyers makes its selections through a peer review process and limits them to the top 5% of all lawyers practicing. So a super-sized thank you goes to Super Lawyers for the recognition, our wonderful clients for the opportunity to shine, and our team of superstars for achieving the great results.

read more at our recognition page


HAPPY PRIDE MONTH 2022!

O

ur nation was founded on a bedrock principle that we’re all created equal. All Americans are entitled to the equal protection of the law, and all people deserve to be treated with dignity regardless of who they love. From Pulse to Stonewall, and times and places in between, we honor those who gave and sacrificed — so that others could one day lead an authentic life without fear or reprisal. Love is love!

Learn more about the Trevor Project


LAW360 PUBLISHES JOE EDELL’S ARTICLE ANALYZING WHAT THE DATA REVEALS ABOUT THE PAST AND FUTURE OF PATENT OFFICE DIRECTOR’S REVIEW

T

he Patent Office created an interim process in June 2021 for its Director to review final written decisions in inter partes reviews, post-grant reviews, and covered business method reviews. With nearly a year of data on hand and the Patent Office recently announcing plans to formalize this process, Fisch Sigler Superstar Joe Edell analyzes the results so far and what the future may hold for such reviews. In his expert analysis article published by Law360, Joe addresses success rates, the common thread appearing in nearly all successful Director review requests, and how the formalized review process may bring changes going forward.

read the article at Law360


WIRED FEATURES ALAN FISCH’S VIEWS ON THE PROLIFERATION OF PATENTING IN CORPORATE AMERICA

W

hy patent? With the number of US patent applications doubling over the past decade, Wired explores answers to that question in its story “Inside Big Tech’s Race to Patent Everything.” The article identifies practices at some large technology companies that have fueled the expansion of their patent portfolios, and the motivations driving them. The Wired piece includes this observation from Alan Fisch on the significance of patenting activities inside these companies: “patenting is one way for a company to differentiate itself. Patents can protect innovation, create licensing value, advance a brand, and reward innovators—all of which contributes to a larger corporate identity.”

read more at wired


We stand with Ukraine

E

veryone deserves to be treated with dignity. And to live in peace is dignity’s most fundamental tenant. Fisch Sigler stands with the people of Ukraine.

We long for a genuine peace for Ukraine and the world — the kind that makes life worth living, the kind that enables a nation and its citizens to dream, grow, and ultimately build a better life for their children. We hope for a global peace, not just in our time, but for all time.



Patexia Ranks Fisch Sigler Superstars 1 of the Top Five, 2 of the Top Ten, 3 of the Top Fifteen, and 4 of The Top 100 patent defense lawyers in the nation

P

atexia analyzed all 14,506 patent infringement cases filed over a recent four-year period. Those cases were defended by 1,964 law firms and 9,553 attorneys. And based on the outcomes achieved by these attorneys, Patexia concluded in its 2022 Patent Litigation Intelligence Report that Alan Fisch and Bill Sigler were the #4 and #6 best performing patent defense litigators in the nation. Patexia’s Report also ranked Fisch Sigler partner Jeff Saltman at #12 and Fisch Sigler attorney Ken Fung at #90. Many thanks to Patexia for this recognition, to our clients for the opportunities to continue collecting wins year-after-year, and to our entire team for helping to achieve superlative results!

read more at our recognition page


Law.com Covers Our Victory for Client Juniper Networks In Defeating A Motion to Dismiss Juniper’s Declaratory Judgment Action in Northern District of California

H

ome is where the heart is. And sometimes it’s also wh0ere the patentholder directs the litigation threat letters — that’s the case in the Juniper Networks v. Swarm Technology patent dispute. But in an effort to derail Juniper’s march toward declaratory judgment justice in its home district, patent holding entity Swarm filed a motion asserting a lack of personal jurisdiction in the Northern District of California. As Law.com reports, we defeated Swarms motion. United States District Judge James Donato found that the evidence we put forward showing Swarm’s contacts with Juniper and other California companies, including extensive threatening correspondence, "evidences an intent to fight, not just talk," as Law.com reports. And as the article adds, Swarm’s "escape routes" from Northern California are now closed. Protinus!

read more at Law.com


Lisa Phillips Elected to Fisch Sigler Partnership

P

ersonal excellence results from the purposeful pursuit of it — it’s never accidental. Today we celebrate the personal excellence of superstar Lisa Phillips in her election to the partnership of Fisch Sigler. Lisa’s trial work includes examining and cross-examining fact and expert witnesses. Lisa has also argued claim construction and dozens of other motions and evidentiary issues in courtrooms across the land. Congratulations Lisa!

read Lisa’s biography


U.S. News & World Report Again Honors Fisch Sigler As A Tier 1 Patent Litigation Firm — The Publciation’s Top Ranking

I

t’s always nice to be recognized among the best. And that’s precisely where U.S. News & World Report has once again rated us. In its 2022 Best Law Firm Rankings, U.S. News again ranks Fisch Sigler in Tier 1 for patent litigation in Washington, DC — its top grouping. Other firms joining us in Tier 1 include Finnegan Henderson, Kirkland & Ellis, and Morrison & Foerster. U.S. News also named us nationally in its Tier 2 grouping. Others joining us in this tier include Irell & Manella, Jenner & Block, and Ropes & Gray. Thank you to our clients for the opportunity and the honor of representing you, and to our colleagues and U.S. News for the recognition!

read more at our recognition page


LAW360 COVERS OUR LATEST MANDAMUS PETITION TO THE FEDERAL CIRCUIT ON BEHALF OF JUNIPER

O

n the heels of our successful recent petition overturning the Western District of Texas’ refusal to transfer an action against our client Juniper Networks, we’ve now sought the same relief in an Eastern District of Texas case. Law360 covered the petition for a writ of mandamus that we filed at the Federal Circuit requesting the transfer of Longhorn HD’s action from Marshall, Texas to the Northern District of California. As Law360 details, our petition respectfully contends that the district court incorrectly weighed the relevant transfer factors, including the significance of the substantial evidence and many witnesses in California, where Juniper is headquartered. The story quotes our petition’s showing that, as in our recent winning petition, "here it’s undisputed that the relevant Juniper witnesses and documents are almost entirely in the Northern District of California."

read the article at Law360


Law360 Covers Our Federal Circuit Victory Securing A Writ of Mandamus For Client Juniper Networks

W

e petitioned the Federal Circuit for a writ of mandamus overturning the Western District of Texas’ refusal to transfer an action against our client Juniper Networks to the Northern District of California, where Juniper is headquartered. The Federal Circuit granted our petition for this extraordinary relief, finding that the district court’s decision was a "clear abuse of discretion." Law360 covered this wonderful team victory, quoting several passages from the Federal Circuit’s opinion, including that Juniper’s "general contacts and business in Texas are not enough to establish a local interest." The story also identifies our Superstar team for this appeal of Alan Fisch, Bill Sigler, Jeff Saltman, and Matt Benner.

read the article at Law360


Best Lawyers in America Once Again Honors Alan Fisch — That Makes it a full dozen

A

s it has every year for a dozen years running, Best Lawyers in America has once again named our firm’s Managing Partner Alan Fisch one of the top intellectual property lawyers in Washington, DC. Best Lawyers evaluates and selects honorees based on a peer-review process capturing the opinions of leading lawyers about the professional abilities of their colleagues. So a heartfelt thank you and all the best to Best Lawyers, our wonderful colleagues, our fantastic clients, and our superstar team for this great recognition.

read more at our recognition page


Intellectual Asset Management News covers our EDTX patent infringement case for firm client 5G IP Holdings — likely world’s first infringement case over patents declared essential to the 5G standard

5G

 is the newest and fastest generation of wireless technology. But not all patent holders whose ideas form part of the adopted 5G standard have been fairly compensated for their contributions. Firm client 5G IP Holdings is one of those patent holders. And IAM News covered the patent infringement case that we’ve brought in the Eastern District of Texas to protect 5G IP’s rights against Samsung. As IAM reports, this case is likely the first filed by any patent holder for infringement of patents declared essential to the 5G standard. And it’s our honor to relentlessly pursue justice for 5G IP in this case.

read the article at IAM News


The American Lawyer’s Litigation Daily profiles Fisch Sigler alumnus Dave Saunders, Juniper Networks’ Director of Litigation

T

he cream rises to the top. The American Lawyer profile of Fisch Sigler alumnus Dave Saunders validates that truth once again, and many times over. Dave shares with The American Lawyer’s readers his litigation philosophy, including how to staff and effectively integrate teams. Dave also identifies what he and Juniper seek in trusted outside litigation counsel. And he offers his personal story of a wonderful rise through the legal industry, including the many cases he tried and real courtroom experiences he gained while part of our team. It was our honor to work with Dave for seven years, and it’s an equal honor to work for Dave at Juniper. Andiamo Dave!

read the article at The American Lawyer


LAW360 COVERS THE USPTO’S INSTITUTION OF IPR PETITION UNDER FINTIV STANDARD FOR JUNIPER NETWORKS AGAINST PATENT ASSERTED IN WDTX

W

e’re defending Juniper Networks in a five-patent Western District of Texas case brought by Correct Transmission. As part of that defense, we filed petitions for IPR on all five patents. Law360 reports on the USPTO granting institution on the first of the five. Fisch Sigler Superstars Joe Edell, Ken Fung, and Kyle Tsui helped led this charge, and not only scored a success for Juniper, but also collectively advanced the jurisprudence applying the Patent Board’s Fintiv decision. Law360’s coverage highlights our team’s work to overcome the patentholder’s Fintiv discretionary denial arguments, and quotes the Board’s conclusion that our petition had "mitigated concerns about duplication of effort and potential for inconsistent results," and that "these factors strongly favor institution and outweigh other factors favoring denial."

read the article at Law360


The American Lawyer Features Alan Fisch’s Insights In Survey of Leading Trial Attorneys About Succeeding in the Evolving Remote Court and Office Environments

T

o succeed at trial, you have to collaborate, improvise, adapt, and overcome. That was true before Covid and remains true as the world returns to in-person activities. Alan emphasized this in an interview with The American Lawyer, explaining that winning trial teams master collaboration in any environment, whether online or in "a makeshift war room at a Hampton Inn or a beautiful conference room on Park Avenue." Alan, whose insights appeared along with those of attorneys from Cooley, Morgan Lewis, and Sidley Austin, shared that today’s tools may make teamwork easier, but "ultimately, great collaboration is about the people involved, not where they meet."

read the article at The American Lawyer


Law360 Covers Our Filing Of Petition For A Writ of Mandamus At The Federal Circuit On Behalf Of Client Juniper Networks

W

e’ve appealed the Western District of Texas’ refusal to transfer an action against our client Juniper Networks to the Northern District of California, where Juniper is headquartered. Law360 covered our petition for a writ of mandamus that we filed at the Federal Circuit raising this issue. As Law360 reports, our petition respectfully contends that the lower court erred in weighing the relevant transfer factors and in imposing its discovery procedures. The article quotes our petition’s explanation that, after six months of venue discovery, the "record revealed nothing tethering this case to the Western District of Texas except that the plaintiff, a Delaware entity with no witnesses, evidence, or offices in Texas, chose to sue there."

read the article at Law360


Managing Intellectual Property Again Ranks Fisch Sigler Among Top Patent Litigation Firms and Names Alan Fisch and Bill Sigler IP Stars

T

hose in the know, know. The results of Managing IP’s survey of patent litigation clients and peers show that, year-after-year. And once again, Managing IP has honored Fisch Sigler as one of the top patent litigation firms in Washington, D.C., with megafirms like Morrison & Foerster, Perkins Coie, and Winston & Strawn ranked alongside us in the 2021 World IP Handbook & Survey. Managing IP also again recognized partners Alan Fisch and Bill Sigler as "IP Stars" in its 2021 list of the world’s leading IP practitioners. A big thank you to our clients. colleagues, and the Fisch Sigler team of superstars for the out of this world recognition.

read more at our recognition page


Intellectual Asset Management Again Recognizes Alan Fisch As A Patent Law Global Leader

P

lanet Earth is a big place, making International Asset Management’s selection of Alan Fisch as one of its 2021 patent law Global Leaders a big deal. This is IAM’s second year of publishing its Global Leaders Guide, and Alan’s second year selected. IAM curates its Global Leaders list based on international reputation and client outcomes achieved. So thank you to our wonderful clients, superstar team, and of course IAM for this recognition.

read more at our recognition page


IPWatchdog explores Lisa Phillips’ experiences in intellectual property law as part of its women’s history month coverage

L

isa Phillips has enjoyed a nearly quarter-century career in intellectual property law. Her IP law experiences began in an era when technically trained patent litigators like her were as common as stars in the Manhattan night sky. So it was for good reason that IPWatchdog asked Lisa to share a story from that thankfully bygone era. Her story is about overcoming opposing counsel’s overt sexism and inherent bias. And it ends happily, as Lisa and her team generated a great client outcome, which helped Lisa become a partner at her prior law firm. Way to go Lisa!

read more at IPWatchdog


The American Lawyer Selects Fisch Sigler for a Litigators of the Week Shout Out

O

nce a week, The American Lawyer’s Litigators of the Week column selects superlative outcomes from amongst litigation all across our great nation—state and federal—and spotlights those who achieved them. And this week, the publication selected our team’s outcome for client Largan Precision against its competitor Ability Opto-Electronics Technology. The American Lawyer gave us its “big shout out,” explaining that we “not only secured a settlement for camera lens maker Largan in its long-running cross-border IP dispute with rival AOET, but also an apology.” The shout out reprinted a portion of that apology from AOET’s Chairman, which stated “I sincerely apologize to Largan Precision Co., Ltd. for the improper actions AOET has taken regarding Largan’s patents, copyrights, and trade secrets.” In recognizing this superlative outcome, the article also cast it’s big spotlight on our Superstars Matt Benner, Joe Edell, Alan Fisch, Ken Fung, Lisa Phillips, Jeff Saltman, and Bill Sigler.

read more at The American Lawyer


Law.com Covers Successful Results in Our Patent Enforcement Action for Client Largan Precision Against Competitor Ability Opto-Electronics Technology

O

ur client Largan Precision remains the worldwide leader in aspheric plastic lenses. If you’ve used an iPhone, then you’ve taken pictures and video with a Largan lens – every version of Apple’s famed product has included at least one. We brought a patent infringement action for Largan against Taiwanese-based Ability-Opto Electronics in 2019. And, after hard fought litigation, Largan and AOET agreed to a cessation of hostilities, which in addition to payments from AOET included the rarest form of closure: a public apology. As Law.com reports, AOET’s Chairman issued the following public apology that was also filed in court: “I sincerely apologize to Largan Precision Co., Ltd. for the improper actions AOET has taken regarding Largan’ s patents, copyrights, and trade secrets.” The Law.com story also identifies our successful team of Matt Benner, Joe Edell, Alan Fisch, Ken Fung, Lisa Phillips, Jeff Saltman, and Bill Sigler.

read more at Law.com


Patexia’s Data Analytics Determines that Alan Fisch is one of the Top 10 Best Performing Patent Litigators in the Nation

P

atexia, the premier intellectual property data science and analytics firm, analyzed 10,552 United States district court patent cases involving 9,131 unique patents, 11,786 defendants and plaintiffs, 2,841 law firms, and 12,780 attorneys over a recent three-year period. And based on the outcomes in those cases, Patexia concluded in its 2021 Patent Litigation Intelligence Report that Alan Fisch is one of the top 10 best performing patent litigators in the nation. Thank you to Patexia for this recognition, and to our clients for the opportunities to achieve the great results captured in Patexia’s Report.

read Patexia’s Report and Rankings


Benchmark Litigation Again Honors Fisch Sigler LLP Among Top Intellectual Property Firms and Bestows Highest Individual Ranking on Alan Fisch

T

he 2021 edition of Benchmark Litigation’s Definitive Guide to the Leading Litigation Firms and Attorneys again names Fisch Sigler LLP among the top intellectual property firms in the nation and honors Alan Fisch as a National Practice Area Star, the publications highest individual ranking. Other firms ranked in our tier include Cooley, Cravath, Swaine & Moore, Fenwick & West, and Finnegan Henderson. Benchmark’’s rankings result from an intensive six-month research period examining recent casework and peer litigators’ opinions. Thank you to our colleagues and Benchmark Litigation for this great recognition. And thank you to our clients for the opportunities to shine!

read more at our recognition page


IPWatchdog Publishes Fisch Sigler Superstars Lisa Phillips and Matt Benner’s Study of The Burden Shifting Power of Section 295

O

ne of the first rules of patent law is that the patent holder has the obligation to prove infringement. This concept is so oft-repeated that many forget it’s merely the general rule, and that there are exceptions. One is 35 USC 295, which can shift the burden in a process patent case to the defendant to prove it hasn’t infringed. Fisch Sigler Superstars Lisa Phillips and Matt Benner trace the history of this provision and the contours for its application in an article published by IPWatchdog. Lisa’s and Matt’s expert examination addresses the statute’s requirements, discusses when the burden shifting mechanism can be raised, and offers case law-based insights on the types of discovery that may be helpful on both sides of the issue

read Lisa’s and Matt’s article at IPWatchdog


U.S. News & World Report Again Honors Fisch Sigler As A Tier 1 Patent Litigation Firm — Its Top Ranking

T

he top of the class. That’s where U.S. News & World Report once again grades us. In its 2021 Best Law Firm Rankings, U.S. News again ranks Fisch Sigler in Tier 1 for patent litigation in Washington, DC — its top grouping. Other firms joining us in Tier 1 include Finnegan Henderson, Kirkland & Ellis, and Morrison & Foerster. U.S. News also named us nationally in its Tier 2 grouping. Others joining us in this tier include Irell & Manella, Jenner & Block, and Williams & Connolly. Thank you to our clients for the opportunity and the honor of representing you, and to our colleagues and U.S. News for the recognition!

read more at our recognition page


Managing Intellectual Property Once Again Selects Fisch Sigler As One of the Top Patent Litigation Firms in Washington, DC

I

n its 2020 World IP Handbook & Survey, Managing Intellectual Property once again ranks us among the top law firms at what we do. Ranked alongside us are firms 100 times larger and 100 years older, like Morrison & Foerster, Perkins Coie, and Winston & Strawn. Managing IP bases its rankings primarily on the outcomes that each firm has achieved, while also considering expertise and unique strengths, as identified in client and peer interviews and surveys. Thank you to our fantastic clients and colleagues, and of course Managing IP!

read more at our recognition page


Best Lawyers in America Makes It Eleven Straight Years of Honoring Alan Fisch

A

s it had each and every year for the prior decade, Best Lawyers in America has once again named our firm’s Managing Partner Alan Fisch one of the top intellectual property lawyers in Washington, DC. Best Lawyers evaluates and selects honorees based on a peer-review process capturing the opinions of leading lawyers about the professional abilities of their colleagues. So a heartfelt thank you and all the best to Best Lawyers, our wonderful colleagues, our fantastic clients, and our superstar team for this great recognition.

read more at our recognition page


Law360 covers the USPTO’s institution of five of our IPR petitions against Packet Intelligence on behalf of client Juniper Networks

F

ive. It’s the number of rings on the Olympic flag, vowels in the English language, and members of the Jackson Five. And now there’s another notable five, thanks to Fisch Sigler Superstar Joe Edell: the number of IPRs that the Patent Office has instituted against Packet Intelligence’s patents. Packet sued our client Juniper in the Northern District of California. Prior targets had little success challenging Packet’s patents, with the Patent Office denying 11 out of 12 previous IPR petitions and two juries denying validity challenges. Undaunted, we obtained the five institution decisions, bringing 33 of the 37 asserted claims under review. As Law360 reports, our petitions and other briefing successfully overcame Packet’s arguments for discretionary denial and secured the exclusion of Packet’s expert.

read the article at Law360


The National Law Journal Features Fisch Sigler Superstar Erik Moses’ Trailblazing Role with NASCAR

E

rik has "broken the color barrier at NASCAR." He’s become the first Black man to operate a NASCAR track — the Nashville Superspeedway — news that The National Law Journal notes has drawn extra media attention because of the dearth of Black executives in NASCAR and it coming "two months after NASCAR ended a long-running debate by banning the Confederate flag at its events." The report also details Erik’s prior sports and entertainment business experience, and his work as Of Counsel at our firm. Erik also reminds readers that "I’m going to focus on the job. I got hired to do a job, not because of what color I am." Our Managing Partner Alan Fisch, reflecting on Erik, said "Erik is a brilliant, innovative, follow-through, positive leader. He’ll achieve great things in this new role." Alan also noted that Sunday, June 20, 2021, is circled on firm calendars — the date of Nashville Superspeedway’s inaugural NASCAR Cup race — and that "we’ll be there enjoying it all from first lap to checkered flag."

read the article at The National Law Journal


Fisch Sigler Superstar Erik Moses Named President of Nashville Superspeedway — and becomes the first Black track president in NASCAR history

"A

ny time that you have the distinction of being the first at anything professionally, it is a humbling kind of honor." These words were said today by Fisch Sigler Superstar Erik Moses upon becoming the first Black track president in NASCAR history. Erik will take the helm at the Nashville Superspeedway, which will host its first Cup Series event in 2021. "We are very excited and fortunate to hire an outstanding leader and executive such as Erik," said Dover Motorsports Chief Executive Officer Mike Tatoian. Mike, we here at Fisch Sigler agree with you 100%! Boogity, boogity, boogity – Let’s go racing!

read more at ESPN read more at CNN read more at USA Today


Law.Com covers our Declaratory Judgment Filing for Juniper Networks Against Swarm Technology in the Northern District of California

W

hen is a licensing opportunity a threat of litigation? When does an Arizona company’s licensing activity in California make it subject to personal jurisdiction there? The Northern District of California is presently considering these questions in the declaratory judgment case we filed on behalf of Juniper against Swarm Technology. And Law.com has covered Swarm’s motion to dismiss the case for lack of standing and jurisdiction. The article quotes a pre-suit letter from Juniper’s Director of Litigation, Dave Saunders, responding to Swarm’s repeated infringement accusations, and stating that Juniper didn’t "believe a license is required because our products do not use the technology claimed by Swarm Technology’s patents." The story also quotes our brief, and specifically Fisch Sigler Superstar Bill Sigler, as detailing that Swarm’s claim charts, allusions to litigation events, and notification that it had retained litigation counsel and experts create "a Damoclean threat of impending litigation" that speak more loudly than its disclaimers of litigation intent.

read more at Law.com


Super Lawyers Names Ken Fung One of Northern California’s Rising Stars

I

n its 2020 rankings for Northern California, Super Lawyers selects Ken Fung as a Rising Star, an honor bestowed on top attorneys under 40-years-old. This marks Ken’s debut in Super Lawyers. He joins the constellation of other Fisch Sigler Superstars who’ve been honored by this publication in 2020, with Alan Fisch and Bill Sigler named DC Super Lawyers, and Jeffrey Saltman and Kate Ryland named DC Rising Stars. Super Lawyers makes its selections through a peer review process and limits them to the top 5% of all lawyers practicing. So a super-sized thank you goes to Super Lawyers for the recognition, our wonderful clients for the opportunity to shine, and our team of superstars for achieving the great results that continue to garner these plaudits.

read more at our recognition page


Law360 covers our successful motion on behalf of client Juniper Networks to disqualify the other side’s technical expert witness

P

acket Intelligence sued our client Juniper Networks in 2019 in the Northern District of California for allegedly infringing five patents. Packet Intelligence sought to use an expert witness who years earlier had served in a similar role for Juniper. So related was his prior work that 16 paragraphs in his 71-paragraph declaration repeated verbatim opinions he had previously submitted in a report on behalf of Juniper. Juniper moved to strike due to the conflict of interest and concerns about the dissemination of privileged communications. The parties fully briefed the motion, and the court heard oral argument. At the conclusion of the hearing, Judge William H. Orrick agreed that the expert had received Juniper privileged information covering the same technology, products, and patents, which posed a conflict of interest, and from the bench ordered the expert’s exclusion. Judge Orrick further explained in his written opinion that disqualification would not only protect Juniper, but also "promote the integrity of the judicial system by removing the appearance of impropriety."

read the article at Law360


The National Law Journal Quotes Alan Fisch on the Nationwide Increase of Patent Infringement Filings for the First Half of 2020

T

he National Law Journal’s eagerly anticipated survey of patent case filings for the first half of 2020 is now out, and the results show an increase of more than 16% from the prior six months. The report also finds that in that six months, the Western District of Texas rose to become the most popular place to file. That court took in 21% of all cases, with the District of Delaware receiving 19% and the Eastern District of Texas 10%. The article quotes Alan Fisch on some of the possible reasons for the increase in overall case filings, including potential changes in the relative value of patent infringement cases in the current economy.

Read the article at The National Law Journal


From Pulse to Stonewall

I

n observance of Pulse Remembrance Day, we’re again displaying our rainbow logo on our LinkedIn page. And again, our rainbow logo will remain on LinkedIn until the end of June 28, which is the anniversary of the start of Stonewall. As a law firm of dreamers and doers, we put our core principles to work every day. Since the firm’s inception, we’ve rejected economic penalties imposed on same-sex couples, and treated all families the same in our benefits programs — including before the long-overdue Obergefell decision. The same holds true for parental leave and adoptions.

Love wins. Everyone deserves to be treated with dignity.

It Gets Better


Chambers and Partners’ 2020 Guide to the Top Lawyers and Law Firms Once Again Honors Alan Fisch as One of the Top IP Litigators in the United States

A

lan Fisch is a mainstay of the Chambers list, which is the product of confidential, in-depth telephone interviews with lawyers and clients around the world. Through the years, Chambers has commented that Alan knows "how to communicate well with juries," and "is noted for his strength advising clients in the technology sector." A heartfelt thank you to our fantastic clients for the wonderful opportunities, our superstar team for achieving winning outcomes, and to Chambers and Partners for the honor!

read more at our recognition page


Black lives matter

A

t 3:00 p.m. Eastern Time on June 2, 2020, Fisch Sigler observed Blackout Tuesday. Our website presented a black home page as a virtual moment of silence. It remained that way for eight minutes and 46 seconds — the exact length of time that a Minneapolis police officer pressed his knee on George Floyd’s neck. Now is the time to make justice a reality for all. Everyone deserves to be treated with dignity.

Re-watch I HAVE A DREAM


MANAGING IP magazine once again honors ALAN FISCH and BILL SIGLER as "IP STARS" in its 2020 Rankings

O

ur firm’s namesakes set out to build a team of true superstars. And once again this year, those namesakes, Alan Fisch and Bill Sigler have themselves been recognized as "IP Stars" in Managing Intellectual Property’s list of the world’s leading IP practitioners. Managing IP bases its selections on client and peer surveys, so a supernova-sized thank you to our wonderful clients and peers! And, of course, thank you to all of the Fisch Sigler superstars for making this possible!

read more at our recognition page


Super Lawyers Again Honors Alan Fisch, Bill Sigler, and Jeff Saltman, and Names Kate Ryland a Super Lawyers Rising Star

I

n its 2020 rankings, Super Lawyers selects Alan Fisch and Bill Sigler as Super Lawyers, and recognizes Jeff Saltman and Kate Ryland as Rising Stars, marking Kate’s debut in the publication. Super Lawyers determines these selections through a peer review process and limits them to the top 5% of all lawyers practicing. So we extend a heartfelt thank you to Super Lawyers for the recognition, our fantastic clients for the opportunity to shine, and our team of superstars for achieving the great results that make these honors possible.

read more at our recognition page


THE RECORDER Features ALAN FISCH’S Insights in a SURVEY of TRIAL and APPELLATE LITIGATORS’ STRATEGIES for PRESENTING to a COURT REMOTELY

U

nder Covid-19 restrictions, the once-rare telephonic or video hearing has become the norm. So The Recorder interviewed Alan, along with trial and appellate lawyers from Cooley, Kirkland & Ellis, and Morrison & Foerster, on the unique challenges of presenting remotely, and best practices for successful outcomes. In "Arguing Cross Country: Litigators Talk Shop About Preparing for Phone and Video Court Appearances," reporter Ross Todd quotes Alan about the importance of the parties narrowing the disputed issues well before a remote hearing. One point Alan shared was that "efficient justice always demands stream-lining and working well with opposing counsel — but even more so for a telephonic hearing."

read the article at The Recorder


Law.com interviews Alan Fisch as part of a star-studded roundtable on the patent system’s relationship to a COVID-19 vaccine or new drug treatment

L

aw.com convened a roundtable of IP experts to address the interplay between the patent system and potential COVID-19 solutions. In keeping with the times, the roundtable was virtual. Joining Alan were former USPTO Director Todd Dickinson and Stanford professor Mark Lemley. Two of the provocative questions that Alan addressed were: "Could Jonas Salk or Albert Sabin have gifted their polio vaccines to the public if they’d been doing their research in the year 2020?" and How else might a COVID-19 vaccine or treatment patent holder "strike a balance" between the need of the public health and the need for private profit? If you’d like to know Alan’s answers, feel free to reach out to him or read the roundtable on-line.

read the roundtable discussion at Law.com


Bloomberg Law quotes Lisa Phillips on Labrador Diagnostics’ announcement that it will provide a royalty-free patent license for Coronavirus testing

S

oftBank entity Labrador Diagnostics announced that it would provide BioFire Diagnostics and its parent company BioMérieux a royalty-free patent license for developing and manufacturing a Coronavirus test. This announcement came on the heels of Labrador’s just-filed patent infringement case against the two using patents once part of now-defunct Theranos. Bloomberg Law interviewed Fisch Sigler Superstar Lisa Phillips about this development. As Lisa explained, such licensing is "undoubtedly atypical, but not without precedent."

read the article at Bloomberg Law


Law.com quotes Bill Sigler on damages expert witness comfort contributing to uptick in extra large patent infringement jury awards

I

n covering a recent increase in the number of hefty patent infringement jury verdicts, Law.com sought Fisch Sigler partner Bill Sigler’s insights. The resulting story quoted Bill’s observation that "expert witness comfort is a significant driver in large awards." Because of this, Bill commented in the article, big awards can feed on themselves. Bill added that the comfort of damages experts in presenting extra large damages models grows with each successive jury that accepts an extra large damages model.

read the article at Law.com


Bloomberg Law quotes Lisa Phillips on the Federal Circuit’s Denial of an injunction pending appeal in Biogen v. Banner Life Sciences

O

btaining an injunction pending appeal is an uphill climb for patent holders. And the Federal Circuit again reminded everyone how steep that climb is in Biogen International v. Banner Life Sciences. The court applied the traditional four-factor test, and found that Biogen wasn’t entitled to stop Banner Life Sciences from selling its multiple sclerosis drug while appealing a lower court ruling. Bloomberg Law turned to Fisch Sigler Superstar Lisa Phillips for her perspective on the ruling. The resulting story, "Biogen Loses Bid to Block Rival’s Multiple Sclerosis Drug," includes Lisa’s commentary on the decision’s impact on industry strategy and the upcoming appeal of the underlying infringement issues.

read the article at Bloomberg Law


Law.com spotlights our defense of J. C. Penney in the Eastern District of Texas against patent infringement claims made by RevoLaze over the use of lasers in the manufacture of denim products

G

iorgio Armani once said that "jeans represent democracy in fashion." This helps explain why 450 million pair of these denim workhorses are sold each year in the United States. And, of course, many millions of these classics are given as gifts. Law.com recognizes this in a story covering three patent infringement cases with gift-giving implications, one of which is our defense of J. C. Penney in the Eastern District of Texas against allegations that our client’s private label jeans infringe RevoLaze’s patents involving lasers used to distress denim. The article identifies Fisch Sigler’s representation of J. C. Penney.

read the article at Law.com


The American Bar Association Publishes Ken Fung’s Practice Point Article On What Litigants Should Know About Source Code-Related Infringement Contention Amendments

I

t’s well-known that source code can be a corporate crown jewel. The rules for its production and review in patent litigation are similarly well-known. Less clear is what updates the plaintiff must make to its infringement contentions after the code review, and when. Fisch Sigler Superstar Ken Fung’s Practice Point for The American Bar Association provides clarity, with a focus on procedure in the District of Delaware, the Eastern and Western Districts of Texas, and the Northern District of California — the four venues where the majority of all new patent cases are being filed. Ken’s article explores the local rules, standard orders, and case law identifying the required timing and substance for amended infringement contentions after the source code review.

read Ken’s article at The ABA


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

T

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

T

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

O

ne longstanding rule for partygoers: 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


 
EXPLORE THE FISCH SIGLER NEWS ARCHIVES