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Fish Cases

Selected Cases, Published Decisions, and Presentations

Fish Cases

Selected Cases, Published Decisions, and Presentations

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In-Depth

Gaylord v. United States of America (Fed. Cir. 2012) – Fish represented Mr. Gaylord in a copyright infringement suit related to a 2002 first-class stamp issued by the United States Postal Service that commemorated the 50th anniversary of the armistice of the Korean War. The stamp featured a photo of the 19-soldier sculpture of the Korean War Memorial, created by Mr. Gaylord, from the National Mall in Washington, D.C. The Federal Circuit, in its first significant holding on fair use, held in favor of Mr. Gaylord and remanded the case to the United States Court of Federal Claims for damages. After remand, in a second appeal on damages by Mr. Gaylord, the Federal Circuit again reversed the Court of Federal Claims, holding that it erred in determining that Mr. Gaylord could not seek “lost licensing fees” damages against the United States.

Obtained settlement as lead counsel for plaintiff Benoit Rolland in a suit for dissolution of partnership, accounting, patent and trademark ownership, and trademark injunction in the District of Massachusetts.

Omega Optical, Inc. v. Chroma Technology Corp. et al. (Vt. Sup. Ct. 1999, aff’d 2002) — Lead counsel at trial and on appeal for defendant Chroma Technology Corp.; defense judgment after 22-day bench trial in trade secrets, breach of fiduciary duty, and unfair competition case (1999) in which plaintiff claimed $20MM in damages against former employees who formed a competing company manufacturing optical interference filters for fluorescence microscopy.

Merola v. Exergen Corporation, 423 Mass. 461 (1996) — Co-counsel at trial and on appeal for Exergen Corporation; partial defense verdict in close corporation/minority shareholder case; obtained reversal of plaintiff’s remaining claim by the Supreme Judicial Court.

Exergen Corporation v. Gentri Controls Inc. (D. Mass. 1995, appeal dismissed) — Co-counsel for plaintiff Exergen Corporation at trial and on appeal; plaintiff’s verdict of willful patent infringement and trade secret misappropriation (infrared radiation detectors) (1995); Lead counsel at trial for plaintiff Exergen Corporation on complaint for contempt resulting in a judgment of contempt in 1997.

Braun Inc. et al. v. Dynamics Corp. of America, 19 U.S.P.Q.2d 1696 (D. Conn. 1991), aff’d., 975 F.2d 815 (Fed. Cir. 1992) — Co-counsel at trial for plaintiffs Braun Inc. and Braun AG; plaintiff’s verdict of design patent infringement and award of defendant’s profits in excess of $1MM for hand held blender design affirmed.

The Keds Corporation v. Renee International Trading Corp., 888 F.2d 215 (1st Cir. 1989) — Trial and appellate counsel for plaintiff The Keds Corporation; trademark TRO and preliminary injunction (Keds’ BLUE LABEL mark) affirmed.