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FR Internet


Our multi-disciplinary internet practice provides a wide variety of intellectual property services to internet businesses and other clients that have a web presence or do business on the web. In addition, the Cyber Law group in our Dallas office advises clients on how to protect computer networks and e-business transactions from online vandalism, theft, and hacking.

The internet group provides advice on trademark and copyright issues that are unique to the internet. These include trademark issues surrounding obtaining and protecting domain names, including trademark clearance and registrations for domain names and protection of domain names from Cybersquatters and typo-pirates. We advise on copyright issues regarding web site content and ownership issues that surround the development of web pages. We assist clients with linking/framing agreements. We also advise internet clients on developing policies for the proper handling of confidential information and trade secrets.

On the patent side, we advise internet clients on strategies for developing patent portfolios to protect software, hardware, and methods of doing business. Our patent prosecution group has extensive experience prosecuting and obtaining software and business method patents, particularly under the PTO's new strategy for examining business method patents. We have advised clients on unique "on-sale bar" issues that arise in connection with patenting internet inventions.

Internet Litigation

We handled some of the first "dot.com" cases and have quickly established ourselves as leaders in internet-related patent and trademark litigation. We also have significant long-term experience handling telecommunications patent litigation involving technologies that enable internet communication.

Examples of Recent Internet Victories Include

Bell Communications Research, Inc. v. Fore Systems, Inc. (D. Del. 2000)

Lead counsel for defendant Fore (a division of GEC) in two patent infringement cases against Bellcore. Patents relate to ATM and internet networking technology. Defense judgment. Chosen by The National Law Journal as one of the most significant defense judgments of 2000.

Bell Atlantic Network Services, Inc. v. Covad Communications, Inc. (ED Va. 2000)

Won summary judgment for Covad in patent infringement case. Specific technology was digital subscriber line systems including ADSL and SDSL linecards, Carrierless Amplitude Phase Modulation, Discrete Multi-Tone Modulation, and related DSLAM systems.

Minkus v. SmarterKids.com (N.D. Ill.)

In November, 1999 Fish & Richardson successfully settled an infringement suit involving a business method patent brought by Les Minkus dba KidsDadsMoms.com against SmarterKids.com in the United States District Court for the Northern District of Illinois. The case was settled favorably on the eve of our client SmarterKids.com's initial public offering. The court dismissed the case with prejudice.

Amazon Bookstore Cooperative v. Amazon.com (D. Minn.)

In November, 1999 Fish & Richardson successfully settled a trademark infringement case brought by Amazon Bookstore Cooperative, an independent Minneapolis bookstore, against Amazon.com in the United States District Court for the District of Minnesota. The lawsuit alleged that Amazon.com infringed Amazon Bookstore Cooperative's common law trademark rights. The lawsuit was one of the first cases to involve a dispute over trademark rights between a traditional “brick and mortar” retailer and a pure e-commerce retailer. As such, it was widely followed both within the intellectual property world and the media as a whole.

life.com v. Time, Inc. (N.D. Cal. 1999)

Fish & Richardson represented life.com, a website used to market and distribute "My Life" software, which allows users to create a multimedia story of his or her life using words, pictures, sounds and video, and to post his or her life story on the web or save it to disk or CD. life.com filed a declaratory judgment action in the Northern District of California against Time, Inc. seeking a declaration that life.com did not infringe Time's LIFE magazine trademark. Silicon Valley principal John Thornburgh and Silicon Valley associate Kelly Hunsaker represented life.com in the case, which settled favorably before trial.

Worldwide Travel Place, Inc. v. Powermount Development, et al., (C.D. Ca. 1999)

In June, 1999 Fish & Richardson defeated a preliminary injunction motion in a trademark infringement action brought against Powermount Development by Worldwide Travel Place, Inc. The lawsuit involved the use of the domain CHEAPSEATS.COM.

DSC Communications v. Shivers (D.Md. 1997)

Fish & Richardson obtained a temporary restraining order and preliminary injunction for DSC Communications against a hacker organization that attempted to breach a password protected telecommunication network.

Internet Attorneys

David M. Barkan
Harvard University A.B. Government 1987 magna cum laude
University of California, Berkeley, School of Law J.D. 1992 Order of the Coif

Barbara A. Benoit
College of William and Mary B.A. 1982
George Mason University, School of Information Technology and Engineering M.S. Systems Engineering 1991
George Mason University, School of Information Technology and Engineering Ph.D. Information Technology 1993
George Washington University Law School J.D. 1999 with high honors Order of the Coif
Associate, George Washington Law Review

Samuel Borodach  
Brown University B.S. Electrical Engineering 1987 
Columbia University School of Engineering M.S. Electrical Engineering 1989 
Columbia University School of Law J.D. 1993 
Harlan Fiske Stone Scholar 1991-1993

Tim K. Brown
Brigham Young University B.S. Mechanical Engineering 1996
University of Washington M.S. Mechanical Engineering 2000
Baylor University School of Law J.D. 2004 cum laude
Executive Editor, Baylor Law Review

Daniel J. Burns
Old Dominion University B.S. Computer Science 1986 cum laude, Phi Kappa Phi
California State University M.S. Computer Science 1997
Loyola Law School J.D. 2001
Editorial Board, Loyola Law Review

Desa L. Burton
United States Naval Academy B.S. 1994
Florida International University M.B.A. 2001
University of Pennsylvania Law School J.D. 2004
Editor-in-Chief, Journal of International Economic Law

Craig Compton
University of California at Davis B.S. Mathematics 1998 with honors, Phi Beta Kappa
University of California, Berkeley, School of Law J.D. 2001

Ruffin B. Cordell
Louisiana State University B.S. Electrical Engineering 1985 Tau Beta Pi
Georgetown University Law Center J.D. 1989 magna cum laude, Order of the Coif

Lauren A. Degnan
Cornell University B.S. Mechanical Engineering 1992
Vanderbilt University School of Law J.D. 1995 Order of the Coif
Vanderbilt Journal of Transnational Law

Timothy Devlin
The Pennsylvania State University B.S. Physics with Honors in Physics and Economics; B.S. Mathematics, 1993
University of Michigan Law School J.D. 1996 cum laude

John A. Dragseth
University of Minnesota B.S. Mechanical Engineering 1992 summa cum laude, Tau Beta Pi
University of Minnesota Law School J.D. 1996 magna cum laude, Order of the Coif
Managing Editor, Minnesota Law Review

Enrique Duarte
University of California at Davis B.S. Computer Science and Engineering 2001 Highest Honors, Tau Beta Pi
Stanford Law School J.D. 2006 with distinction

Alex Eaton-Salners
Williams College B.A. Computer Science and Asian Studies 1999 magna cum laude, Phi Beta Kappa
University of California, Berkeley, School of Law J.D. 2005
Articles Editor Berkeley Technology Law Journal
Articles Team Berkeley Journal of International Law, Asian Law Journal, Ecology Law Quarterly

Tara D. Elliott

David L. Feigenbaum
Yale College B.S. Engineering and Applied Sciences 1969 magna cum laude, honors with exceptional distinction in major, Tau Beta Pi
Harvard Law School J.D. 1972

Andrew T. Foy
Furman University B.A. History 2000 summa cum laude
Georgia Institute of Technology B.S. Electrical Engineering 2002
University of Virginia School of Law J.D. 2005
Managing Board, The Journal of Law & Politics

Jana L. France  
Winona State University B.S. Paralegal 1981 
William Mitchell College of Law J.D. 1990 
William Mitchell Law Review 

Timothy A. French
Worcester Polytechnic Institute B.S. Chemical Engineering 1973
New England School of Law J.D. 1980

Greg H. Gardella
University of Michigan J.D. 1995 cum laude
University of Minnesota M.S. Electrical Engineering (Thesis: Hybrid Analog/Digital Telephony System for Echo Cancellation)
University of Michigan, Ann Arbor B.S. Mechanical Engineering magna cum laude

David A. Gerasimow
University of Wisconsin B.S. Computer Science, Mathematics, and History 2005
University of Iowa College of Law J.D. 2008 with High Distinction, Order of the Coif
Note & Comment Editor, Journal of Corporation Law

J. Kevin Gray
University of Oklahoma B.S. Medical Microbiology 1985
Oklahoma City University School of Law J.D. 1991 cum laude

Kevin E. Greene
Slippery Rock University B.A. Physics 1998
The Pennsylvania State University B.S. Electrical Engineering 1998
George Mason University School of Law J.D. 2004
Federal Circuit Bar Journal

Michael T. Hawkins
University of Minnesota B.S. Mechanical Engineering 2000 with high distinction
University of Minnesota Law School J.D. 2004 magna cum laude
Managing Editor, Minnesota Law Review

John F. Hayden
University of Cincinnati B.S. Electrical Engineering 1989 summa cum laude
Harvard Law School J.D. 1992 cum laude

Gilbert H. Hennessey
Beloit College B.A. Physics and Mathematics 1966 Phi Eta Sigma
University of Illinois Law School and George Washington University J.D. 1969 with honors

Charles Hieken
Massachusetts Institute of Technology S.B., S.M. Electrical Engineering 1952 Tau Beta Pi, Eta Kappa Nu
Harvard Law School LL.B. 1957

Lori S. Hoberman
Queens College B.A. 1986 cum laude
New York University School of Law J.D. 1989
New York University School of Law LL.M. in Taxation 1991

Richard Allan Horning
University of California, Berkeley B.A. 1966
Duke University School of Law J.D. 1969

Rex I. Huang
National Taiwan University B.S. Electrical Engineering 1992
National Chiao Tung University M.S. Electronics Engineering 1994
University of Washington School of Law J.D. 2001

Kelly C. Hunsaker
University of Texas at Austin B.B.A. 1990
University of California, Hastings College of Law J.D. 1993

William E. Hunter
University of California, San Diego B.S. Computer Science 1995
University of California, Hastings College of the Law J.D. 1999 cum laude

Frank A. Italiano
University of Maryland B.S. Electrical Engineering
George Washington University Law School J.D. 2005

Kraig A. Jakobsen
Rose-Hulman Institute of Technology B.S. Electrical Engineering 1999 magna cum laude
Northwestern University School of Law J.D. 2005 cum laude
Managing Editor, Northwestern Journal of Technology and Intellectual Property

M. Brett Johnson  
Baylor University B.A. 1991
Southern Methodist University J.D. 1994 cum laude, Order of the Coif, Order of Barristers 
Managing Staff Editor, SMU Law Review

Daniel A. Kent
Grace College B.S. Communications 1986 magna cum laude
Duke University School of Law J.D. 1990 Semifinalist, Craven Cup National Moot Court Competition, Am. Jur. Book Award: Trial Practice
Editorial Board, Duke Law Journal

Adam Kessel
Princeton University B.A. Chemistry 1998
Northeastern University School of Law J.D. 2004

Mark D. Kirkland  
University of Notre Dame B.S. Electrical Engineering 1984 
Santa Clara University School of Law J.D. 1994 

Cheng (Jack) Ko
Trinity University B.S. Engineering Science summa cum laude, Phi Beta Kappa
University of California, Santa Barbara M.S. and Ph.D. Electrical and Computer Engineering
The University of Michigan Law School J.D. magna cum laude, Order of the Coif

Lawrence K. Kolodney
Massachusetts Institute of Technology S.M. and S.B. in Electrical Engineering and Computer Science 1987
Harvard Law School J.D. 1990 cum laude

J. Kyle Komenda
Arizona State University B.S.E. Electrical Engineering 2004 cum laude, Eta Kappa Nu
University of Virginia School of Law J.D. 2007
Managing Editor, Virginia Journal of Law and Technology

Andrew R. Kopsidas
University of Maryland B.S. Aerospace Engineering 1992
The George Washington University School of Law J.D. 1999 with Honors

Jonathan J. Lamberson
The University of Michigan B.S. Computer Engineering 2001 summa cum laude
Harvard Law School J.D. 2005

Publisher, Harvard Law Record
Line editor, Journal of Law & Technology

Edwin N. Lavergne
Ithaca College B.S. 1976
Ithaca College M.S. 1977
Georgetown University Law Center J.D. 1980

Joel D. Leviton
University of Wisconsin at Madison B.A. Political Science and Psychology 1993
William Mitchell College of Law J.D. 2001 summa cum laude, Class Valedictorian
William Mitchell Law Review

Jolynn M. Lussier
Cornell University B.S. Electrical Engineering 1986
University of Pittsburgh School of Law J.D. 1993

Katherine Kelly Lutton
Binghamton University B.S. Electrical Engineering 1990
Syracuse University M.S. Electrical Engineering 1992
University of Pennsylvania Law School J.D. 1996
Editor-in-Chief, University of Pennsylvania Law Review, 1995-1996

Denis G. Maloney
Manhattan College B.E. Electrical Engineering 1974 cum laude, Eta Kappa Nu
New York Law School J.D. 1979

Lisa M. Martens
Cornell College B.A. Politics and Philosophy 1990 magna cum laude
DePaul University College of Law J.D. 1994 Order of the Coif

James McDonough
University of Rhode Island B.S. Business Administration, MSIS 1999
University of Rhode Island B.A. Psychology 1999
Emory University School of Law J.D. with honors
Managing Editor, Emory Law Journal

David J. Miclean
University of California, Los Angeles B.A. 1981
Loyola Law School J.D. 1984

Todd G. Miller
San Diego State University B.S. Chemistry and Biochemistry 1987
University of San Diego School of Law J.D. 1992 cum laude

Spencer C. Patterson
University of Texas at Austin B.S. Electrical Engineering 1993
The George Washington University Law School J.D. 1996 with honors
Articles Editor, The George Washington Law Review

John C. Phillips
University of Michigan B.S. Electrical Engineering 1984 cum laude
George Washington University J.D. 1992 valedictorian Order of the Coif

Joshua Pond
Stanford University B.S. Mechanical Engineering, B.A. Political Science 1994
Georgetown University Law Center J.D. 2004 cum laude

Katherine Prescott
Johns Hopkins University B.A. Earth and Planetary Sciences 1997 with general honors, Phi Beta Kappa
Stanford University M.S. Civil and Environmental Engineering 1998
University of California at Berkeley School of Law J.D. 2001 Order of the Coif

Thomas H. Reger II
Texas A&M University B.S. Computer Science 1995
SMU College of Law J.D. 2001 Law Review

Mathias W. Samuel
North Dakota State University B.S. Electrical Engineering 1991 Tau Beta Pi, Eta Kappa Nu
University of San Diego School of Law J.D. 1994 with honors, Order of the Coif

John P. Schnurer
Harvey Mudd College B.S. Electrical Engineering with Minor in Economics 1993
University of California, Berkeley, School of Law J.D. 1996
Articles Editor, Berkeley Technology Law Journal (1995-1996)

Debra S. Serota  
Cornell University B.S. Human Development Studies 1985
Washington College of Law, American University J.D. 1988 cum laude

Adam Shartzer
University of Virginia B.S. Electrical Engineering, Minor in Computer Science 2003
George Washington University Law School J.D. 2008 with Honors
Executive Managing Editor, American Intellectual Property Law Association Quarterly Journal

Alan D. Smith
Massachusetts Institute of Technology B.S. Electrical Engineering 1979
University of Southern California J.D. 1984

J. Richard Soderberg
Uppsala University B.S. Physics 1991
Uppsala University Master of Laws 1997
William Mitchell College of Law J.D. 2000 magna cum laude
William Mitchell Law Review

Jonathan A. Solomon

Terry J. Stalford
University of Oklahoma B.S. Engineering 1986
University of Georgia School of Law J.D. 1993 magna cum laude, Order of the Coif
Editor, Journal of Intellectual Property Law

Kevin Su
University of Pennsylvania B.S.E. Computer Science Engineering 2002
Northeastern University School of Law J.D. 2005

Charles B. Vincent
Franklin & Marshall College B.A. Business Administration cum laude
Widener University School of Law J.D. magna cum laude
Articles editor, Delaware Journal of Corporate Law

Brian Wacter
University of Miami B.S. Computer Science 1990
Saint Mary's University M.S. Computer Information Systems 1997
UCLA School of Law J.D. 2002

Cynthia Johnson Walden
Dartmouth College A.B. Art History 1990 cum laude
Duke University School of Law J.D. 1995

Gregory A. Walters  
Michigan State University B.S. Electrical Engineering 1990 
Michigan State University Detroit College of Law J.D. 1996 cum laude 
The Detroit College of Law Review

Kevin Wheeler
University of Maryland B.S. Electrical Engineering 2004 University Honors
The George Washington University Law School J.D. 2008

Jennifer Winick
University of Pennsylvania B.S. Computer Science 2002
Brooklyn Law School J.D. 2005

Jason W. Wolff
Gonzaga University B.S. Electrical Engineering 1994
Santa Clara University School of Law J.D. 2000
Institute of International and Comparative Law, Munich Program, Santa Clara University 2000

William R. Woodford
Marquette University B.S. Electrical Engineering 1998 cum laude
University of Minnesota Law School J.D. 2002 cum laude

Internet Technology Specialists

John-Paul Fryckman
University of California, San Diego B.S. Physics 2000
University of California, San Diego M.S. Computer Science 2003

Garrett Miedema
University of Minnesota Institute of Technology B.S. Astrophysics with a minor in Mathematics 1997

Yina Mo
University of Science and Technology of China B.S. Physics 2002
Harvard University Ph.D. Physics 2007
Suffolk University J.D. expected 2012

Chen Qian
Tsinghua University B.S. Computer Science and Technology 1995
Chinese Academy of Sciences M.S. candidate 1995-1997
Lehigh University M.S. Computer Engineering 1998
Lehigh University Ph.D. candidate 1999

Sushil Shrinivasan
University of Madras (Chennai, India) B.E. Mechanical Engineering 1998
University of Maryland, Baltimore County M.S. Mechanical Engineering 2001
University of Virginia Ph.D. Mechanical Engineering 2006
George Washington University Law School (J.D. expected 2012)

Dan Vacar
Universitatea Babes-Bolyai, Romania B.S. Physics 1990
University of Miami, Florida M.S. Physics 1993
University of California at Santa Barbara Ph.D. Physics 1997