Mars Inc. v. Coin Acceptors Inc.
Successfully obtained affirmance of district court’s award of a 7% reasonable royalty, when the defendant had argued that the royalty was capped at a much lower amount. The patents at issue involved the authentication of coins inserted into vending machines. Fish originally filed this case in January of 1990 on behalf of Mars. The court awarded Mars over $14 million in damages, and then added an additional $12.4 million in prejudgment interest due to the fact that the case was then 17 years old. (Fed Cir. docket nos: 2007-1409, -1436)
Callaway Golf Co. v. Acushnet Co.
Fish represents Callaway Golf in a lawsuit in the Delaware Court of Chancery seeking contract reformation and alleging breach of contract and breach of the implied covenant of good faith and fair dealing in a patent litigation settlement agreement.
Certain Liquid Crystal Display Modules, Products Containing Same, and Methods for Using the Same (337-TA-634)
Represented respondent Samsung Electronics against patent infringement claims brought by Sharp accusing Samsung's LCD products.
Certain Noise Canceling Headphones (337-TA-626)
Represented complainant Bose enforcing active noise-cancelling headphone patents against seven respondents. Case settled favorably just prior to trial.
Bright Ideas Co. Inc. v. Target Corp.
Fish successfully obtained affirmance of district court’s summary judgment of invalidity as to all claims asserted against client Target. The patent at issue involved child car seats.
KSR International Co. v. Teleflex Inc. (127 S.Ct. 1727)
Fish submitted an amicus brief on behalf of 3M, General Electric, Proctor & Gamble, DuPont, and Johnson & Johnson.
Certain Sucralose, Sweeteners Containing Sucralose, and Related Intermediate Compounds Thereof (337-TA-604)
Represented respondent JK Sucralose in case involving artificial sweeteners. After a full hearing, no violation was found.
Certain Rechargeable Lithium-Ion Batteries, Components Thereof, and Products Containing Same (337-TA-600)
Represented complainant 3M and 3M Innovative Properties in a case against Sony involving lithium-ion battery cathode technology. Case settled favorably.
Cartier, et al v. Allied Marketing Group
Fish represented Allied Marketing Group in the Southern District of New York in a trade dress infringement action by Cartier claiming that a watch sold by mail order too closely resembled its famous (and enormously more expensive) Pasha de Cartier. Defeated a motion for preliminary injunction in a case that later settled.
Certain Inkjet Ink Supplies and Components Thereof (337-TA-581)
Represented complainant Hewlett-Packard in an investigation against Ninestar Technology. Case settled favorably.
Certain Foam Footwear (337-TA-567)
Represented respondent footwear manufacturer Cheng’s Enterprises in patent-based unfair importation action brought by Crocs. Case dismissed.
3M Co. v. Rollit LLC, et al.
Fish obtained a preliminary injunction for 3M against Rollit, preliminarily enjoining the defendant from using the trademark ROLLIT and 3M’s Canary Yellow color trademark in connection with sticky notes.
Goya Foods v. Unanue, et al
Fish was lead counsel to plaintiffs and obtained a post-trial opinion finding that plaintiffs were holders of 62% of the stock of Goya Foods, Inc. and that plaintiffs validly removed certain directors and officers of Goya Foods, Inc. by written consent.
Callaway Golf Co. v. Akribis Golf Company
Fish represented Callaway Golf in a trademark declaratory judgment case against Akribis involving the name of a golf putter. Akribis’ claims against Callaway were voluntarily dismissed with prejudice.
Certain Point of Sale Terminals and Components Thereof (337-TA-524)
Defended patent infringement action on behalf of Ingenico against Verve relating to point-of-sale devices. Obtained termination of investigation before hearing.
MasterCard International Inc. v. Nader 2000
Fish defeated an effort by MasterCard International to prevent Ralph Nader’s presidential campaign from continuing to run a television advertisement that parodied MasterCard’s “Priceless” ad campaign. MasterCard sued, alleging infringement and dilution of its trademarks under the Lanham Act and infringement under the Copyright Act. MasterCard had been using its $250 million “Priceless” ad campaign since 1997. Judge George B. Daniels of the US District Court for the Southern District of New York denied MasterCard’s motion for a Temporary Restraining Order, finding that there was insufficient evidence that MasterCard would suffer irreparable injury if Nader used the parody as part of his presidential campaign.
Stride Rite Corporation v. Verotix
Brought declaratory judgment action in the District of Massachusetts against a software and hardware vendor who repeatedly threatened a litigation in an unfavorable venue. The matter relates to the enforceability of an unexecuted shrink-wrap license agreement.
Temple EasTex, Inc. v. Old Orchard Creek Partners, Ltd. 848 S.W.2d 724 (Tex. App-Dallas 1992)
Obtained reversal of $7.8 million dollar jury verdict based on claims of negligence and products liability in the construction of apartment complex.
Cargill v. Progressive Dairy Solutions
Represented Cargill in its action for misappropriation of proprietary technology and data used in the dairy industry.
Ocean Garden Products v. PSK Oceanos, S.A.
Trial counsel for seafood exporter in breach of contract action involving alleged damages of $9 million. Obtained defense verdict after jury trial.