Heidi E. Harvey is Of Counsel in the Boston office of Fish & Richardson. She is an experienced intellectual property trial lawyer and counselor on a wide range of technologies including optics, imaging, fluorescence interference, chemical vapor deposition, infrared radiation detection, and medical and mechanical devices. Her counseling practice has a particular emphasis on the protection and enforcement of intellectual property for small and privately-held companies, sole proprietorships, artists and authors, as well as intellectual property transactions.
For more than 20 years, Ms. Harvey has devoted a substantial fraction of her professional time to pro bono representation in the areas of immigration, housing, and artists’ rights. She has participated since inception in the Northeast Housing Court’s Lawyer for a Day program on behalf of the firm, which was honored with the Massachusetts Bar Association’s 2010 Access to Justice Award . Representative clients in the arts include painter and writer Christine Arveil; master bow maker and composer Benoit Rolland; and Frank C. Gaylord II, the sculptor of the Korean War Veterans’ Memorial.
Representative technology clients include Chroma Technology Corporation (fluorescence interference filters), Exergen Corporation (infrared radiation devices), and the University of Massachusetts (genetics, polymers, mechanical and medical devices).
She has also represented leading trademark owners such as the Boston Athletic Association for the BOSTON MARATHON trademarks, Gillette subsidiary, Braun Inc. and Braun AG in design patent matters, and Paramount Pictures and Asics Tiger Corporation in enforcement of their trademark rights.
Ms. Harvey was a principal of Fish & Richardson P.C. from 1995-2007. During that time, she held positions as firm-wide chair for Litigation, Advocacy Skills Training, Pro Bono and Copyright Practice Groups.
Ms. Harvey is an Adjunct Professor of Law at Suffolk University Law School and a frequent speaker on litigation and intellectual property topics, including for the National Institutes of Trial Advocacy, Suffolk University’s Center for Advanced Legal Studies, Massachusetts Continuing Legal Education, and AIPLA.
Ms. Harvey is a member of the American Morgan Horse Association and has bred and raised Morgan horses for nearly 40 years. She is a volunteer at Lovelane Special Needs Horseback Riding Program in Lincoln, MA.
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.