Alan Fisch is one of the most prominent intellectual property trial lawyers in the United States. He is well known for his jury trial victories for both plaintiffs and defendants.
Mr. Fisch was lead trial counsel in a patent infringement litigation in Marshall, Texas on behalf of Thomas & Betts Corporation. Thomas & Betts prevailed at jury trial, invalidating both of plaintiff Cooper Technologies Company's patents on electrical connectors.
Mr. Fisch was lead trial counsel in a patent infringement litigation that American Lawyer Media's VerdictSearch selected as one of the top 10 defense jury verdicts in 2006 (and the only verdict of the top 10 in the area of intellectual property). This case, Barry Fiala, Inc. v. Stored Value Systems, Inc. in the United States District Court for the Western District of Tennessee, lasted three weeks and resulted in a jury verdict of non-infringement, invalidity, and inequitable conduct. The outcome shielded the gift card systems of over 300 retailers.
Mr. Fisch was lead trial counsel in a patent infringement litigation that resulted in a $62.3 million jury verdict against Microsoft Corporation on behalf of his client SPX Corporation. This case was the eighth largest federal court jury verdict nationwide in 2003.
As a result of these and other representations, Mr. Fisch has participated in litigation in federal courts in Arkansas, California, Connecticut, Delaware, District of Columbia, Florida, Illinois, Maryland, Massachusetts, Minnesota, Mississippi, Missouri, New Jersey, New York, Oklahoma, Pennsylvania, Tennessee, Texas, Vermont, Virginia, Washington, West Virginia and Wisconsin, as well as multiple state courts.
Mr. Fisch is also an accomplished appellate advocate. In the past 24 months he has argued and won three appeals before the United States Court of Appeals for the Federal Circuit.
Mr. Fisch has been recognized repeatedly for success in the courtroom. Some of his accolades include:
· In December 2010, Mr. Fisch was named to Expert Guides- Legal Media Group Guides to the World's Leading Lawyers for Patent Law, published by Euromoney Publications. This list is based on a global survey of litigation practitioners and in-house counsel.
· In August 2010, Mr. Fisch was chosen as one of Law360's 10 Most Admired Intellectual Property Attorneys. His judgment, trial skill, knowledge of technical issues, and successful high-profile patent trials were applauded by Law360. Lawyers were selected from nominations by Law360 readers and practice group heads at the 100 largest law firms in the United States.
· In August 2010, Mr. Fisch was selected for inclusion in The Best Lawyers in America, 2011. Inclusion in this list is based on a nationwide peer-review survey. · In June 2010, Chambers USA: America's Leading Lawyers for Business ranked Mr. Fisch as a "Leading Individual." The publication noted that clients praised him as a "truly exceptional litigator" and that "he's a go-to for the most complex patent litigation cases."
· In June 2010, Legal 500 again selected Mr. Fisch as one of its "Leading Lawyers." The publication noted that clients find him to be an "astute litigator." The publication also selected Kaye Scholer as one of the nation's top patent litigation practices. Inclusion in Legal 500 is based on attorney interviews, corporate client commentary, and reported cases.
· In May 2010, Mr. Fisch was named to the Guide to the World's Leading Litigation Lawyers, published by Euromoney Publications. This prestigious list contains 195 litigators from the United States and another 909 litigators from 55 other countries. This list is based on a global survey of litigation practitioners and in-house counsel.
· In April 2010, Mr. Fisch was listed by Super Lawyers for intellectual property litigation for the fourth consecutive year. This list recognizes outstanding lawyers who have attained a high degree of peer recognition and professional achievement.
· In December 2009, in its ranking of the 80,000 lawyers in the Washington, DC area, Washingtonian magazine recognized Mr. Fisch as one of the "Top 30 Stars of the Bar" - ranking him nineteenth overall. Mr. Fisch has ranked in the Top 30 since his first appearance on the list in 2004. · In August 2009, Mr. Fisch was selected for inclusion in Best Lawyers in America 2010. Inclusion in this list is based on a nationwide peer-review survey of more than 24,000 attorneys.
· In June 2009, Chambers USA: America's Leading Lawyers for Business ranked Mr. Fisch as a "Leading Individual," noting that he is praised by clients as "a stellar patent litigator."
· In May 2009, Mr. Fisch was named to the Legal Media Group Guide to the World's Leading Patent Law Practitioners, published by Euromoney Publications. This list is based on a global survey of litigation practitioners and in-house counsel.
· In May 2009, Legal 500 selected Mr. Fisch as one of its "Leading Lawyers." The publication noted that clients say he is "one of the brightest intellectual property litigators and strategists ever encountered." The publication also selected Kaye Scholer as one of the nation's top patent litigation practices. Inclusion in Legal 500 is based on attorney interviews, corporate client commentary, and reported cases.
· In April 2009, Mr. Fisch was listed by Super Lawyers for intellectual property litigation for the third consecutive year. This list recognizes outstanding lawyers who have attained a high degree of peer recognition and professional achievement.
· In October 2008, Mr. Fisch was selected as one of the top 500 lawyers in the United States in The Lawdragon 500 Leading Lawyers in America. This list identifies the nation's best legal professionals, including private practice lawyers, legal academics, non-profit attorneys, government lawyers, and judges. This list is compiled based on extensive research and thousands of interviews with legal professionals and on-line input.
· In August 2008, Mr. Fisch was named to the Guide to the World's Leading Litigation Lawyers, published by Euromoney Publications. This prestigious list contains 164 litigators from the United States and another 703 litigators from 52 other countries. This list is based on a global survey of litigation practitioners and in-house counsel.
· In June 2008, Legal 500 selected Mr. Fisch as one of its "Leading Lawyers." Clients note, "he brings a real business savvy to his area of law". The publication also selected Kaye Scholer as one of the nation's top patent litigation practices. Inclusion in Legal 500 is based on attorney interviews, corporate client commentary, and reported cases.
· In January 2008, The American Lawyer magazine highlighted two of Mr. Fisch's case victories in its "Litigation Department of the Year Highlights" section. The first was a jury trial victory for Comdata Corporation, the second was a summary judgment victory for Costco Wholesale Corporation.
Mr. Fisch is recognized as an authority in the field of intellectual property protection. He has been quoted by the United States Supreme Court and the United States Court of Appeals for the Federal Circuit. His scholarly works have also been cited by leading treatises and more than 50 other academic publications. Mr. Fisch's writings have been published by the Columbia-VLA Journal of Law & the Arts, Cornell Journal of Law and Public Policy, Harvard Journal on Legislation, University of Pennsylvania Journal of International Economic Law, and the American Bar Association's Jurimetrics: The Journal of Law, Science and Technology.
Mr. Fisch is also a sought-after commentator on intellectual property protection and litigation. The press has covered or quoted him nearly 200 times. Some of the media outlets that have covered and quoted Mr. Fisch include Barron's, Bloomberg, BusinessWeek, Financial Times (UK), Fortune, The Globe and Mail (Canada), Investor's Business Daily, International Herald Tribune (France), The New York Times, Variety, The Wall Street Journal and The Washington Post. Additionally, Mr. Fisch has appeared in prominent publications dedicated to covering the legal community, including The American Lawyer, Corporate Counsel, Inside Counsel, IP Law & Business, Legal Times, Managing Intellectual Property, The National Law Journal, and The Recorder.
Mr. Fisch began his law career at the United States Patent and Trademark Office as a Patent Examiner, where he focused on computer-related applications, both hardware and software.
Before practicing law, Mr. Fisch was a software design engineer at Texas Instruments, where he focused on the development of system-level software for a line of mini-supercomputers. While at Texas Instruments, he authored six papers, including one in UnixReview and one in Computer Technology Review, and presented at two conferences.
Corporate Experience
Texas Instruments Incorporated, Software Design Engineer.
Government Experience
United States Patent and Trademark Office, Patent Examiner.
Membership(s)
American Bar Association; American Intellectual Property Law Association; International Association of Gaming Attorneys
News
December 2010, Kaye Scholer Lawyers named to Expert Guides - Legal Media Group Guide to the World's Leading Patent Law Practitioners
July 27, 2010, Kaye Scholer Announces Significant Expansion of Palo Alto Office With High-Profile Trio Barbara Caulfield, Michael J. Malecek and Peter Root
March 1, 2010, Kaye Scholer Opens Silicon Valley Office
May 11, 2009, Kaye Scholer Obtains Patent Litigation Victory for Juniper Networks
May 1, 2009, Kaye Scholer Successfully Defends Lower Court Victory at the Federal Circuit
February 4, 2009, Kaye Scholer Wins Copyright Infringement Lawsuit for Well-Known Author and Socialite
September 17, 2008, Kaye Scholer Wins Major Patent Infringement Defense Verdict in Marshall, Texas
August 19, 2008, Kaye Scholer Obtains Victory for Thomas & Betts in U.S. Court of Appeals for the Federal Circuit
July 1, 2008, James S. Blank, Noted Intellectual Property Lawyer, Joins Kaye Scholer
June 23, 2008, Kaye Scholer Successfully Represents Costco in Federal Circuit Affirmation of Summary Judgment of Noninfringement
June 19, 2008, Kaye Scholer Successfully Defends Comdata Stored Value Solutions Inc. in Patent Infringement Suit
May 2008, Alan Fisch Named to Top 50 under 45 in IP Law & Business
December 3, 2007, Alan Fisch, Claudia Higgins, and Kerry Scanlon Recognized as Top Lawyers in Washington, DC
November 15, 2007, Kaye Scholer Wins Major Summary Judgment for Thomas & Betts
May 18, 2007, Kaye Scholer Victory: Costco Does Not Infringe RealSource's Patent
April 30, 2007, Fisch Law Review Article Cited by the US Supreme Court
November 7, 2006, Kaye Scholer Victory: After Three Week Patent Trial For Comdata, Jury Returns Verdict of Noninfringement, Invalidity and Unenforceability
Events
April 13-15, 2011, Alan Fisch Speaks at ABA Section of Litigation and Criminal Justice Section Annual CLE Conference
March 2, 2011, "The View from the Bench: Patent Litigation at U.S. District Court," Intellectual Property Owners Association webinar
April 21-23, 2010, Leora Ben-Ami and Alan Fisch Spoke at the 2010 ABA Section of Litigation Annual CLE Conference
October 2-3, 2006, "Defending a Patent Infringement Litigation," Aerospace Industries Association Intellectual Property Committee Fall 2006 Meeting, Arlington, Virginia
September 12, 2006, "Demonstration of a Closing Argument: Tips from a Patent Trial Lawyer and a Jury Consultant," Practising Law Institute (PLI) Patent Litigation 2006, Northern Virginia
November 29, 2005, "Bifurcation in Patent Litigation," IP Law & Business Winter Briefing, Washington, DC
November 9, 2004, "Demonstration & Critique of a Closing Argument," Practising Law Institute (PLI) Patent Litigation 2004, Northern Virginia
June 15, 2004, "Accused of Patent Infringement? Now What?," Washington Metropolitan Area Corporate Counsel Association (WMACCA), McLean, Virginia
November 7, 2003, "Patent Litigation Issues in the Gaming Industry," Nevada State Bar Gaming Law Section CLE Session, Las Vegas, Nevada
September 17, 2003, "Intellectual Property in the Gaming Industry," Moderator at Global Gaming Expo, Las Vegas, Nevada
June 20, 2003, "Patent Law in the Gaming Industry," Nevada State Bar Annual Meeting, New Orleans, Louisiana
September 16, 2002, "Intellectual Property in the Gaming Industry," Moderator at Global Gaming Expo, Las Vegas, Nevada
September 1, 1998, "Patent Panel: Intellectual Property and Electronic Commerce - The Realities of Internet Patent Litigation," Third USENIX Workshop on Electronic Commerce, Boston, Massachusetts
Publications
2005, Alan M. Fisch and Brent H. Allen, "Exported Software May Increase Patent Law Damages in U.S. Courts," 20 Computer Law Association Bulletin 13
2004, Alan M. Fisch and Brent H. Allen, "The Application of Domestic Patent Law to Exported Software: 35 U.S.C. § 271(f)," 25 University of Pennsylvania Journal of International Economic Law 557
June 2000, Alan M. Fisch and Robert F. Ruyak, "Patent Audit: Turning Assets into Profits," Litigation & Technology (a supplement to Corporate Legal Times), at 22
1996, Alan M. Fisch, "Addressing Copyright and Patent as Software's Legal Aegis: A Review of Software and Intellectual Property Protection," 5 Cornell Journal of Law and Public Policy 119
1995, Alan M. Fisch, "Compulsory Licensing of Professional Team Sporting Event Telecasts (PTSETs): Using Copyright Law to Mitigate Monopolistic Behavior," 32 Harvard Journal on Legislation 403
1995, Alan M. Fisch, "Seeking the Intersection of Two Legal Sets: A Review of the Commercial Law of Intellectual Property," 19 Columbia-VLA Journal of Law & the Arts 301
1994, Alan M. Fisch, "Compulsory Licensing of Pharmaceutical Patents: An Unreasonable Solution to an Unfortunate Problem," 34 Jurimetrics Journal 295
1993, Alan M. Fisch, "Arkansas v. Oklahoma: Formalizing EPA Authority to Mandate Compliance with an Affected State's Water Quality Standards," 6 Tulane Environmental Law Journal 439
1993, Alan M. Fisch, "Citizens Against Burlington v. Busey: Defining Reasonable Alternatives to be Examined in a NEPA-Required Environmental Impact Statement," 22 Real Estate Law Journal 32
Media
January 18, 2011, "Canada Picks Up Pace in Patents," The Globe and Mail
December 13, 2010, "Judge Deals Paul Allen a Setback in Patent Lawsuit," The Wall Street Journal
November 5, 2010, "Website Patent Comes Under Attack Again," AmLaw Litigation Daily
October 4, 2010, "NPE Makes Offer Some Companies Can Refuse," Corporate Counsel Patent Litigation Weekly
July 27, 2010, "Dewey & LeBoeuf IP Trio Head To Kaye Scholer," Law360
July 3, 2010, "A Close Call for Silicon Valley," Barron's
June 29, 2010, "Supreme Court Paves Way For Innovative Gambling Patents," Gambling Compliance
June 19, 2010, "Patently Important," Barron's
May 27, 2010, "How To Win The Claim Construction Battle," Law360
March 16, 2010, "Fujitsu, Others Face Videoconferencing Patent Suit," Law 360
March 1, 2010, "White & Case Partner to Lead Kaye Scholer's Silicon Valley Office," Silicon Valley / San Jose Business Journal
March 1, 2010, "Silicon Valley Moves: Kaye Scholer Opens Office," The Recorder
March 1, 2010, "Kaye Scholer Launches in Silicon Valley with Latest White & Case Defector," The Lawyer
March 1, 2010, "GraphOn's Firewall Patent Suit V. Juniper Sent To Calif.," Law 360
February 1, 2010, "Tierra Hits Qwest, Others With VoIP Patent Suit," Law 360
November 23, 2009, "Stored Value Suit Over Gift Card Patent To Stay In Del.," Law 360
November 9, 2009, "High Court Declines to Hear Every Penny Counts Suit," Law360
September 16, 2009, "Pier 1 Wins Stay Of CAT's Gift Card Patent Case," Law360
July 10, 2009, "Stored Value Fires Back At CAT Over Gift Card Patent," Law360
June 23, 2009, "Here's a Switch: A Patent Infringement Defendant Transfers Into East Texas," AmLaw Litigation Daily
June 22, 2009, "A Patent Infringement Defendant Transfers into East Texas? Yes, but It's Complicated," AmLaw Litigation Daily
May 12, 2009, "Juniper Wins US Round In Router Patent Feud," Law360 April 30, 2009, "AmEx, Visa Gift Card Claims Construction Upheld," Law360
March 18, 2009, "Juniper Sues Over GraphOn Software In Patent War," Law360
March 2009, "The Error of Their Ways," The American Lawyer
January 30, 2009, "A Sisterly Settlement: The Boncompagnis Bury the Hatchet," The Wall Street Journal Law Blog
January 30, 2009, "'Hedge Fund Wives' Authorship Confirmed in Lawsuit," Bloomberg.com
January 23, 2009, "Cooper, Thomas & Betts End Connector Patent Battle," Law360
November 5, 2008, "Socialite Sisters Fight Over Rights for Novel," Gulf Times
October 27, 2008, "Of Copyright & Family Feuds: 'Hedge Fund Wives' Goes to Court," Wall Street Journal Law Blog
September 15, 2008, "Jury Zaps Cooper's Electrical Connector Patents," Law360
September 15, 2008, "Thomas & Betts Wins Again in Patent Case Against Cooper," AmLaw Litigation Daily
September 15, 2008, "Kaye Scholer LLP Secures Defendant Verdict on Invalidity," Intellectual Property Today
September 15, 2008, "A Defense Verdict in Marshall? Believe It," Wall Street Journal Law Blog September 12, 2008, "Thomas & Betts Wins Patent Suit Over Connectors," Bloomberg.com
May 2008, "Top 50 Under 45," IP Law & Business, at 30
March 31, 2008, "Gibson Picks On Activision's Ax," Los Angeles Business Journal, at 1
March 24, 2008, "Full-Court Press for Apple," Barron's, at 47
January 2008, "Resale Royalties," Inside Counsel, at 24
December 7, 2007, "Patents from Continuation Applications Are Subject to Inter Partes Reexamination," BNA's Patent, Trademark & Copyright Journal, at 133
December 2007, "Big Guns," Washingtonian, at 74
October 2007, "IP Survey," Inside Counsel, at 53
September 25, 2007, "Supreme Court to Tackle Patent Exhaustion," IP Law 360
August 28, 2007, "The Music Industry's Piracy Tune Gets Old," The Globe and Mail (Canada), at B6
August 8, 2007, "Record Microsoft Damages Dropped: Alcatel Vows to Appeal 'Shock Ruling,'" Gulf News (United Arab Emirates), at 37
August 7, 2007, "Judge Overturns $1.5 Bln Ruling Against Microsoft," Reuters
May 2007, "Hedge Fund Spies in the Courtroom," IP Law & Business
February 22, 2007, "Settlement Lets Apple Use iPhone," The New York Times, at C1
February 15, 2007, Television Appearance on CNBC, "Squawk Box," Apple-Cisco Lawsuit
February 10, 2007, "With iPhone Release Fast Approaching, Apple and Cisco Near Dispute Settlement," The Wall Street Journal, at A2
February 2007, "Plaintiff Claimed Defendant Used Its Gift Card Technology," VerdictSearch National, at 46
2006, "Scouting Report: The Year's Biggest Lateral Moves," IP Law & Business, Almanac 2006, at 28
December 2006, "Gift Card Company Averts a Holiday Debacle," IP Law & Business, at 17
November 29, 2006, "Microsoft's Loss in South Korean Patent Case May Signal Trend," EcommerceTimes.com
November 21, 2006, "Gift Card Company Wins Defense Verdict in $10 Million Suit," Andrews Intellectual Property Litigation Reporter, at 6
November 13, 2006, "Jury Finds No Infringement of Gift Card Patent," Mealey's Litigation Report: Patents, at 12
November 13, 2006, "Jury Finds No Infringement of Gift Card Patent," Mealey's Litigation Report: Intellectual Property, at 28
November 7, 2006, "Ceridian Wins Tennessee Trial Over Gift Card Patent," Bloomberg News
November 6, 2006, "Gift Card Patent Deemed Invalid, Unenforceable," IP Law360
July 2006, "Young Guns - 40 Lawyers Under 40," Washingtonian, at 72
May 19, 2006, "Amazon Patent for Online Orders to Get New Review," The Wall Street Journal, at B2
May 15, 2006, "Hauling in the Hollywood Hackers," BusinessWeek, at 80
May 5, 2006, "Venue Shopping? See You in Marshall: Small-town Judge Presides in Global Hotspot," The Globe and Mail (Canada), at B1
April 2006, "Opening Statements: Laterals in Motion," IP Law & Business, at 14
March 29, 2006, "TW Backs eBay on Copyright: Conglom Supports Netco in Court," Variety, at 4 (LA edition)
March 17, 2006, "Supreme Court to Hear EBay Case, Steps Up Patent Law Review," SmartMoney.com
March 17, 2006, "Supreme Court to Hear EBay Case, Steps Up Patent Law Review," CNNMoney.com
March 9, 2006, "Inventors See Promise in Large-Scale Public Patent Auctions," The Wall Street Journal, at B1 March 2006, "Power Players," Washingtonian, at 15
February 27, 2006, "Could Apple Make a Bid for Disney?" Barron's, at 34
February 6, 2006, "The New Year is Marked by Brisk Lateral Movement," The National Law Journal, at 10
February 2006, "Moves," Managing Intellectual Property, at 7
January 31, 2006, "An Idea Worth Patenting: Dedicated Patent Courts," The Globe and Mail (Canada), at B14
January 30, 2006, "Movers," The National Law Journal, at 13
January 19, 2006, "Movers & Shakers," The Daily Deal January 16, 2006, "Inadmissible," Legal Times, at 3
January 13, 2006, "Kaye Scholer Lures Away Howrey Partners," IP Law Bulletin (www.iplawbulletin.com)
Rankings
June 11, 2010, Chambers USA: America's Leading Lawyers for Business (2010), 16 Areas of Practice Recognized and 35 Lawyers Ranked
June 9, 2010, Kaye Scholer Recognized in Legal 500 US 2010
December 11, 2009, Fisch, Griner and Scanlon Recognized as Top Washington Lawyers
October 8, 2009, 65 Lawyers from Kaye Scholer Recognized by Super Lawyers
June 12, 2009, Chambers USA: America's Leading Lawyers for Business (2009), 15 Areas of Practice Recognized and 32 Lawyers Ranked
June 2009, Chambers USA ranks Alan Fisch as a "Leading Individual"
May 2009, Legal 500 selects Alan Fisch as a "Leading Lawyer"
April 2009, Alan Fisch Listed in Super Lawyers
October 2008, Alan Fisch Chosen as a Top 500 Lawyer by Lawdragon
August 2008, Alan Fisch Named to the Guide to the World's Leading Litigation Lawyers, Published by Euromoney Publications
June 2008, Legal 500 Selects Alan Fisch as a "Leading Lawyer"
January 7, 2008, Kaye Scholer Patent Victories featured in The American Lawyer's "Litigation Department of the Year Highlights"
December 2007, Washingtonian Magazine Selects Alan Fisch as a "Top 30" lawyer
July 2, 2007, Kaye Scholer Ranks in The Legal 500 US
July 2007, Alan Fisch Appears in The National Law Journal's "Defense Hot List"
June 2007, Alan Fisch Appears in Legal Media Group Guide to the World's Leading Patent Law Practitioners
May 2007, Legal 500 United States Names Alan Fisch as a Leading Patent Litigator
April 2, 2007, Kaye Scholer's Patent Litigation Group Ranked #1 by The Legal 500
March 22, 2007, Kaye Scholer Patent Litigation Jury Trials Ranked In Both Top 100 Verdicts And Top 10 Defense Wins For 2006
January 2007, Alan Fisch Named to the Guide to the World's Leading Litigation Lawyers.
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