Fish & Richardson Named to NLJ 2016 Appellate Hot List; Marks Sixth Year on Prestigious List

Fish & Richardson announced today it has been named to the National Law Journal's (NLJ) "2016 Appellate Hot List" for the sixth year. Fish was one of 20 firms recognized for "winning big in federal and state appeals courts across the country." Fish delivered "when the stakes were high" representing "some of the most well-known companies in the land..."

In its profile, the NLJ highlighted Fish's groundbreaking U.S. Supreme Court win in June 2016 for client Halo Electronics, Inc. in its nine-year patent litigation with Pulse Electronics, Inc. (Halo Electronics, Inc. v. Pulse Electronics, Inc.). The Supreme Court ruled, in a unanimous decision, that the current legal test for increased damages was not consistent with Section 284 of the Patent Act. The decision makes it easier for courts to award enhanced damages in cases of egregious behavior by the infringer. Fish and Halo are now asking a Nevada federal judge to treble the $1.5 million they obtained against Pulse in 2013.

The NLJ also noted Fish's impressive win in Cutsforth v. MotivePower, which was "the first full reversal of an inter partes review decision of nonpatentability." That victory at the Federal Circuit cleared the way for Cutsforth to proceed with infringement proceedings against MotivePower, Inc., which is its key competitor.

"Because of the Federal Circuit’s deferential approach, it isn't enough to say we have better evidence," said John Dragseth, co-chair of Fish's Appellate Group and a member of the Cutsforth trial team. "You have to convince the court that you have the only reasonable evidence."