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Frank Porcelli

Senior Principal


617-521-7808
Delaware
  •  
 

Frank Porcelli is a Senior Principal of Fish & Richardson in the firm's Boston and Delaware offices. His practice emphasizes patent and trade secret appellate work, and he is Co-Chair of the Fish & Richardson Appellate Group (1996 - present). He joined the firm in 1971. Over the first 28 years of the existence of the U.S. Court of Appeals for the Federal Circuit, Frank has successfully argued some of the highest profile and most legally significant patent appeals in this Court, including Minnesota Mining v. Johnson & Johnson Orthopedics, 976 F.2d 1559, 61 USLW 2236 (1992) ($129 million judgment for 3M was the highest district court patent infringement judgment upheld by the Federal Circuit over its first 25 years; case was featured in Time and Business Week) and Johnson & Johnston Assocs. v. R.E. Service Co., 285 F.3d 1046 (2002 en banc) (12-1 decision established the doctrine of dedication as a limitation on the doctrine of equivalents). He also successfully argued a trade secret appeal in the Supreme Court of Connecticut that effectively established the right to jury trial in trade secret cases brought under the Uniform Trade Secrets Act. Evans v. General Motors, 277 Conn. 496, 893 A.2d 371 (2006). 

Admissions

  • Massachusetts 1971
  • Delaware 1972
  • United States Patent and Trademark Office 1974

Memberships and Affiliations

He is active in the Linn Alliance Intellectual Property American Inns of Court, particularly in Boston (member of Founders Committee, Executive Committee, and a Master of the Inn), New York City (Conner Inn), Northern District of New York (IP & Innovation Inn), Philadelphia (Ben Franklin Inn), and Washington (Giles Rich Inn). In March of 2011 he was one of six members of the Linn Alliance to be awarded the first Distinguished Service Medal by Judge Linn of the U.S. Court of Appeals for the Federal Circuit, the founder and head of the Alliance.

Member of the Federal Circuit Bar Association (1996 to present) and the Federal Circuit Historical Society (since its founding in 1999 to present). In June of 2009 he received the "Enduring Leader" award from the Federal Circuit Bar Association.

He was President of the Boston Patent Law Association (1990-91); Committee Chair, AIPLA Chemical Practice Subcommittee on Legislation (1987-89), Committee Chair, AIPLA Chemical Practice Subcommittee on Judicial and Administrative Decisions (1989-91), and Committee Chair, AIPLA Chemical Practice Committee (1991-92).

Other Distinctions

Education and Teaching Positions

Frank graduated from Boston College, A.B. English Literature 1968 magna cum laude; Harvard Law School, J.D. 1971; and Northeastern University, M.S. Chemistry 1981.

Co-instructor for Patent Litigation Workshop at Harvard Law School, Spring 2013, with Bob Hillman and Larry Kolodney of the Boston Office.

Instructor on Pharma and Biotechnology Litigation in Patent Resources Group Continuing Legal Education course "Pharma & Biotech Strategies” (2000 to present).

The Harvard Law School John A. Reilly Visiting Professor from Practice in Intellectual Property Law (academic years 1998-99 and 2000-01) and Visiting Professor of Law from Practice (academic year 2001-02), teaching Patent Law.

Honors and Awards

Top ranked in "Band 1" for Intellectual Property by Chambers USA. Named a 2013 and 2014 "IP Star" by Managing Intellectual Property. Selected as a 2013 Lawyer of the Year by Massachusetts Lawyers Weekly. Recognized as a 2013 Top Rated - AV® PreeminentTM Lawyers in Intellectual Property Law and as a Massachusetts Super Lawyer since 2004.

Frank was recently named to Intellectual Asset Management’s (IAM’s) Patent 1000 and was recommended for Court of Appeals for the Federal Circuit. IAM also named Frank in the Top 20 Federal Circuit Appellate Advocates (2011) (“Frank Porcelli …[has] exceptional appellate expertise.”) and IAM’s The World’s Leading Patent Litigators (2011).

He was named as a Leading Lawyer for Intellectual Property in Chambers USA, 2005-2014 editions (2011 edition: "Frank Porcelli is a 'lawyer's lawyer,' who deals with a case with the utmost diligence."). Frank was listed in Boston Magazine's November 2007 issue as one of Top 100 Super Lawyers in Massachusetts. He was named in the 2005-2008, 2010, and 2011 International Who's Who of Patent Lawyers, and was selected as an ALM "Best Lawyer in America 2011 in Intellectual Property Law," and listed in the 2006, 2007, 2008, 2013, 2014, and 2015 editions of The Best Lawyers in America. Legal Media Group named Frank one of the top 25 Patent Experts in the USA in its Guide to the US Leading Lawyers -- Best of the Best 2008. He was also named in Euromoney's Expert Guide as one of the "World's Leading Patent Law Experts" (2005).

Publications

He is a co-author of "Markman Hearings and Claim Construction - A Dialogue On The Sedona Conference Report on the Markman Process," presented at the AIPLA Public Forum (April 2007). Author of numerous articles on patent damages and other patent litigation and patent law topics, and co-author, with fellow principal John Dragseth, of "Patents -- A Historical Perspective," a casebook on patent law (in progress).

Education

  • AB, Boston College 1968
    English Literature
    magna cum laude
  • JD, Harvard Law School 1971
  • MS, Northeastern University 1981
    Chemistry