Fish & Richardson has been named the 2019 U.S. Firm of the Year in the International Trade Commission (ITC) and Specialty IP categories by Managing Intellectual Property (MIP) magazine. The firm earned its Firm of the Year awards for having a remarkable year across every venue – garnering more high-profile IP wins in district court, at the ITC, at the Court of Appeals for the Federal Circuit, and at the Patent Trial and Appeal Board (PTAB) than any other firm. Fish was also named the regional Patent Prosecution (Northeast) Firm of the Year.
Fish was the most active firm at the ITC in 2018, where it was involved in nearly 17% of all new patent investigations, and secured numerous victories for clients including Macronix International, Aspen Aerogels, Inc., Momentive UV Coatings, and The Chamberlain Group, among others. For Macronix, a leading integrated device manufacturer in the non-volatile memory market, Fish obtained a rare reversal of an administrative law judge’s initial determination of no violation and secured an exclusion order for Macronix against Toshiba Corp. and its subsidiaries. The ITC case made new law regarding the domestic industry requirement.
In district court and at the Federal Circuit, Fish won two blockbuster cases for client Gilead Sciences, Inc., involving the company’s Sovaldi® and Harvoni® drugs, which cure hepatitis C. In Idenix Pharmaceuticals LLC et al. v. Gilead Sciences, Inc., Fish obtained a reversal of a $2.5 billion willful infringement jury verdict against Gilead after proving that Idenix’s patent was invalid due to lack of enablement. In Gilead Sciences, Inc. v. Merck & Co. Inc. et al., Fish won a unanimous Federal Circuit opinion that affirmed its post-trial vacatur of a $200 million jury verdict against Gilead after proving Merck’s unclean hands. The Federal Circuit also affirmed an award of $14 million in attorneys’ fees to Gilead, and the U.S. Supreme Court declined to grant certiorari.
Fish was also the most active firm at the PTAB in 2018, representing petitioners and patent owners in 207 proceedings – 40 more cases than its nearest competitor. Fish has been the most active firm at the PTAB for the past three consecutive years, and recently became the first firm to mark 1,000 appearances in this specialized forum. Major PTAB victories include thwarting 10 inter partes review (IPR) petitions filed against Gilead, persuading the PTAB to deny all 10 petitions.
Founded in 1990, MIP is an international magazine for in-house IP counsel and a leading source of news and analysis on all IP developments worldwide. MIP’s North America awards are the result of more than six months of analysis by its team of researchers, who conduct hundreds of interviews with IP practitioners and IP owners in North America.
Fish & Richardson, a premier global intellectual property law firm, is sought-after and trusted by the world’s most innovative brands and influential technology leaders. Fish offers patent prosecution, counseling and litigation and trademark and copyright prosecution, counseling and litigation. Our deep bench of attorneys with first-chair trial experience in every technology makes us the go-to firm for the most technically complex cases. We have an established reputation as a top-tier firm for patent portfolio planning, strategy and prosecution, as well as post-grant proceedings at the PTAB. Fish was established in 1878, and now has more than 400 attorneys and technology specialists in the U.S., Europe and China. Our success is rooted in our creative and inclusive culture, which values the diversity of people, experiences and perspectives. For more information, visit fr.com or follow us at @FishRichardson.