Fish & Richardson Named to NLJ’s “2015 Intellectual Property Hot List” for Fourth Straight Year

Thursday, June 4, 2015 - 12:53

Fish & Richardson has been named to The National Law Journal’s (NLJ) “2015 Intellectual Property Hot List” as one of 15 firms “that accomplish great things in the realm of intellectual property law.” This is the fourth year that Fish has been named to the NLJ “IP Hot List,” which the publication started in 2012.

The NLJ highlighted Fish’s April 2014 “precedential U.S. Court of Appeals for the Federal Circuit” win for medical device company Volcano Corp. in an important patent case over tiny guide wires used to take cardiac measurements. “The court held that St. Jude could not appeal the patent office’s decision not to conduct an inter partes review, or an evaluation of the validity of a Volcano patent. In a standard appeal, the jurisdictional question would have been just one of the issues,” said Fish principal Frank Scherkenbach. "It is a strategic decision to be made."

Inter partes review is an increasingly popular way to challenge an opponent’s patent. “The court’s decision effectively forecloses what would otherwise be a large number of appeals,” added Scherkenbach.

The NLJ applauded Fish’s April 2014 Federal Circuit win for client Chicago Board Options Exchange Inc. (CBOE) that CBOE did not infringe an International Securities Exchange Holdings Inc. patent for automated financial trading.  According to NLJ, “International Securities claimed its damages would ‘easily exceed’ $400 million, or $1.2 billion if trebled for willful infringement.”  The NLJ also noted Fish’s December 2014 win in Illinois federal court ruling that CBOE was entitled to attorney fees.