Law Firm News

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Law Firm News

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Fish & Richardson, P.C.

Fish & Richardson hires Phyllis Kaufman in Media and Entertainment
Phyllis Kaufman has joined the firm's New York office as of counsel in its Media and Entertainment Group. Ms. Kaufman focuses her practice on a diverse range of matters in media and entertainment, including negotiation and preparation of all forms of development, financing, production, and distribution agreements. She represents individual and institutional clients in all areas of the entertainment industry, including film, television, theatre, and multi-media entertainment, with a specialization in production finance/production legal representation.

Prior to joining Fish & Richardson, Ms. Kaufman was of counsel at Pryor Cashman Sherman & Flynn, New York, where she specialized in production finance/production legal representation for several years. She also served as a literary agent in the New York office of Writers and Artists Agency, where she represented writers and directors working in film, theatre, and television. Ms. Kaufman's additional professional experience includes serving as vice president and artistic director of The Philadelphia Festival of World Cinema at International House, Philadelphia, PA, a regional not-for-profit arts center. Her producing activities include My Architect (associate producer), an Oscar-nominated documentary by Nathaniel Kahn (2003), and Frogs for Snakes (producer), a feature film by Amos Poe (1999).

Ms. Kaufman received her J.D. from the Benjamin Cardozo School of Law and her B.A. from Bryn Mawr College, magna cum laude. She is admitted to practice in New York.

04-03-2007

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Fish & Richardson, P.C.

Fish & Richardson Wins Permanent Injunction for Brooktrout, Inc.
A federal judge in Texas granted a permanent injunction in favor of Fish & Richardson's client Needham, Massachusetts-based Brooktrout, Inc. and against Eicon Networks Corp. of Montreal, Canada and Eicon Networks, Inc., of Plano, Texas, in a patent infringement law suit involving the inbound routing of faxes over computer networks using dial telephone numbers.

Brooktrout has two patents (U.S. Patent Nos. 5,291,546 and 5,488,651) that protect its technology for routing faxes directly to e-mail using an ordinary direct dial telephone number. The case revolved around Eicon's Diva Server, which can be configured to enable the inbound routing of faxes over computer networks (for example to an e-mail box) using a direct dial telephone number. This configuration infringes Brooktrout's patents.

Under the terms of the injunction, Eicon must immediately stop supporting or encouraging infringement of Brooktrout's patents. This would include, for example, providing technical support or other assistance to customers using the Eicon Diva server in a way that infringes the patents. In addition, the order provides that Eicon may not publish or distribute documents in print or on a website accessible from the United States that contain any instructions to users explaining how to configure the Eicon Diva Server in a manner that infringes Brooktrout's patents. "These restrictions are sufficient to guard against the threat of future unlawful conduct," the Court stated in the Injunction Order:

"We expect that the defendant will comply with all of the terms of the injunction immediately," said Robert Hillman, a principal of Fish & Richardson who was lead counsel in the case. "Our client's goal has always been to protect its patented innovations. Brooktrout never sought to enjoin the sale of Eicon's products for non-infringing uses, but Brooktrout does want to prevent the use of those products in a way that infringes Brooktrout's patents. The judge's order does that."

Brooktrout Technology is a leading supplier of media processing, network interface, call control and signal processing products that enable the development of applications, systems and services for both the New Network (packet-based) and the traditional telephone (TDM) network. The company's strategy is to partner with its customers and collaborate closely with them to help accelerate their delivery of new applications and services, increase their existing business, and expand into new markets. For more information, visit http://www.brooktrout.com. Brooktrout Technology is a subsidiary of Brooktrout, Inc. (NASDAQ: BRKT).

Fish & Richardson is a national law firm with over 325 attorneys in nine offices serving clients in three core areas: intellectual property, litigation, and corporate law. The firm handles more patent litigation than any other law firm in the world.

04-03-2007

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Fish & Richardson, P.C.

F&R's David Barkan pens "Navigating the Litigation Process" in Strategies for Successful Litigators
David Barkan, a litigation principal in Fish & Richardson's Silicon Valley office, has written an article, "Navigating the Litigation Process," in the recently released anthology, Strategies of Successful Litigators: Best Practices of the World's Top Litigation Lawyers, published by Aspatore Books, which specializes in business and legal books.

Part of the publisher's Inside the Minds series, Strategies of Successful Litigators presents an authoritative, insider's perspective on the art of litigation and the essential characteristics and capabilities of the successful litigator. Featuring department heads, group chairs, and leading partners from some of the nation's top firms and companies, the book provides a broad, comprehensive overview of this dynamic practice area and its current as well as its future shape. From the steps involved in preparing for a trial, including counseling clients, gathering evidence, and taking depositions, to tactics around handling negotiations, preparing for cross-examination, and building credibility with the judge and jury, these authorities offer a detailed explanation of the litigation process, from both the prosecution and defendant standpoints.

Mr. Barkan has served as Fish & Richardson's practice group leader for litigation since 2001. He specializes in high technology litigation, spanning a broad range of technologies that includes computer software and hardware, 2- and 3-D computer graphics, programming theory and language, semi-conductor processing, distributed systems, and electronic devices.

04-03-2007

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Fish & Richardson, P.C.

Fish & Richardson Hires Steve Wasserman
Steve Wasserman, editor of the Los Angeles Times Book Review since 1996, was named a Director of Kneerim & Williams at Fish & Richardson effective May 16. He will also serve as head of the agency's New York office. Kneerim & Williams at Fish & Richardson is a full-service literary and dramatic rights agency established in 1990, with agents in Boston, New York, and Los Angeles. Authors represented by the firm include Brad Meltzer, Stephen Greenblatt, Joseph Ellis, and E.O. Wilson, Robert Pinsky, Edward M. Hallowell, David Donald, Howard Gardner, and Dr. Susan Love.
"Steve Wasserman combines a wealth of experience with a vast knowledge of the journalistic, literary, and publishing communities," said Ike Williams, co-chair of Fish & Richardson's Media and Entertainment practice. "In his new role as literary agent, Steve brings a strong sense of commitment and a thorough understanding of the interests and needs of authors, readers, publishers, and editors."

"We're delighted that Steve is joining us," added Jill Kneerim, the agency's co-director. "He's at home in the publishing world on both coasts and is well known to both writers and publishers." Wasserman will be joining two other agents, Brettne Bloom and Elisabeth Weed, in Fish & Richardson's New York office.

During Wasserman's tenure at the Los Angeles Times, he was responsible for the paper's book coverage and brought its Sunday Book Review to new heights of distinction and excellence. The section, under his leadership, won widespread acclaim. Jacques Barzun said that it had become America's "best weekly book review in all respects - choice of books and reviewers, quality of writing, length and aptness of substance." Jacob Weisberg, editor of Slate magazine, called it perhaps the finest such section published by an American newspaper today.

Wasserman also has been a principal architect of the annual Los Angeles Times Festival of Books, which just celebrated its tenth anniversary. That event, which features more than 340 authors in readings, panels, and debates, regularly attracts 140,000 people.

He is a co-founder and co-director of the Los Angeles Institute for the Humanities at the University of Southern California. He has taught cultural criticism at the Graduate School of Journalism of the University of California at Berkeley and advanced nonfiction writing at USC's Professional Writing Program. In 2002, Wasserman chaired the nominating jury for the Pulitzer Prize in General Nonfiction; in 2004, he was a member of the nominating jury for the Pulitzer Prize in Fiction.

Before joining the Los Angeles Times, Wasserman was editorial director of Times Books when it was a division of Random House, Inc. He worked with numerous authors, including President Bill Clinton, broadcaster Ted Koppel, historian Theodore Draper, and economic columnist Robert J. Samuelson. He also pioneered such "instant books" as the best-selling Saddam Hussein and the Crisis in the Gulf by Judith Miller and Laurie Mylroie.

Wasserman is a former publisher and editorial director of Hill & Wang, a division of Farrar, Straus & Giroux, Inc., and also headed The Noonday Press, the firm's paperback imprint. He was responsible for the best-selling Innumeracy: The Consequences of Mathematical Illiteracy by John Allen Paulos.

Before that, he was editor in chief for three years at New Republic Books, a subsidiary of The New Republic magazine and a co-publishing venture with Basic Books. From 1978 to 1983, he was assistant editor of the Los Angeles Times Sunday Opinion section and Op-Ed page.

"My years at the Los Angeles Times have been wonderful in every respect, and it has been both a privilege and a pleasure to preside over the reinvention of the paper's Book Review," said Wasserman. "I look forward to meeting the challenge and opportunity afforded me in my new post to introduce yet more readers to the world of books."

04-03-2007

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Fish & Richardson, P.C.

Fish & Richardson principal Janis Fraser honored by Women's Business Boston
Boston principal Janis Fraser has been named one of the Top Ten Women Lawyers in Boston by Women's Business Boston, a newspaper for businesswomen in the Greater Boston area. The list appears in the March 2005 issue of the newspaper. Dr. Fraser is the only patent attorney appearing on the list.

Dr. Fraser provides patent prosecution and opinion advice for biotechnology and pharmaceutical companies, academic institutions, and venture capital firms. In addition to a law degree from Harvard Law School, Dr. Fraser hold a B.S. in chemistry and a Ph.D. in biochemistry from the Massachusetts Institute of Technology.

Dr. Fraser has helped patent some very high profile and important inventions. She spent over 14 years obtaining worldwide patent rights on a life-saving treatment that was developed by Dr. Warren M. Zapol, Chief of Anesthesia and Critical Care at MGH, and Dr. Claes Frostell, who received postdoctoral training at MGH. The MGH doctors developed an innovative method and device for safely delivering toxic nitric oxide gas to infants suffering from blue baby syndrome - a counterintuitive therapy that has now been proven to save lives of infants all over the world.

In June 2003, the MGH doctors received the prestigious National Inventor of the Year Award, given annually by the Intellectual Property Owners Association, after being nominated by Dr. Fraser for their invention.

"We congratulate our colleague and friend, Janis Fraser, on her recognition as one of the top 10 women lawyers in Boston," said Peter Devlin, President of Fish & Richardson. "We are pleased that others have recognized the outstanding qualities that make Janis a valued counselor, advisor, and partner," he added.

04-03-2007

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Fish & Richardson, P.C.

Fish & Richardson named one of the Nation's Top 100 Law Firms for Diversity
MultiCultural Law magazine has named Fish & Richardson one of the nation's top 100 law firms for diversity. Rankings were based on a survey of U.S. law firms with over 100 attorneys.
The survey took a census of attorneys who are ethnic minorities and women. Over one-third, 36%, of the attorneys at Fish & Richardson are ethnic minorities or women.

The firm was also given high marks for having a Diversity Chair and for allocating funding to its diversity initiative.

This survey will be published in a special issue of MultiCultural Law magazine and mailed to Fortune 500 general counsels, ABA-approved law schools, and a host of national legal organizations for minorities and women.

Kelly Hunsaker, Diversity Chair and a Principal of the firm in its Silicon Valley office, said that "The firm is proud of our accomplishments to date in hiring and retaining attorneys who are women and people of color. We believe we can do even better, and have several programs underway to realize the goal of becoming a more diverse workplace."

04-03-2007

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Fitzpatrick, Cella, Harper & Scinto

Fitzpatrick Cella Announces Win in Trusopt® Patent-Infringement Case
Leading intellectual property law firm Fitzpatrick, Cella, Harper & Scinto announced that it won an appeal on behalf of client Merck against generic patent challenges by Hi-Tech Pharmacal Co. in a case involving glaucoma eye drug Trusopt® (dorzolamide HCl opthalmic solution).

The U.S. Court of Appeals for the Federal Circuit held that a patent term extension under 35 U.S.C. §156 may be applied to a patent that is subject to a terminal disclaimer. Hi-Tech had argued that Merck's patent on Trusopt® expired in 2004 because a patent term extension on the patent was invalid.

A Merck loss would have had drastic effects on pharmaceutical companies and patent owners, since the Patent Office has routinely granted patent term extensions on patents that are subject to a terminal disclaimer. Brand-name drug companies could have lost years of patent protection on some of their best-selling drugs if the Federal Circuit had decided that a terminal disclaimer precludes a patent term extension

Fitzpatrick, Cella attorneys representing Merck are Robert Baechtold and Paul Maier. The case was appealed from U.S. District Court for the District of New Jersey.

04-02-2007

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