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Mark
J.
Hebert
Principal
617-521-7840
Mark J. Hebert is a Principal in Fish & Richardson’s Boston office. His practice emphasizes intellectual property litigation and client counseling, with a particular concentration on medical device patent litigation, and appellate work.
Mr. Hebert joined Fish & Richardson in 1987. Before entering the practice of law, Mr. Hebert worked as an engineer in the nuclear industry (1979-1985).
Admissions
-
Massachusetts
1985
- United States Patent and Trademark Office 1985
Education
-
BS,
Worcester Polytechnic Institute
1978
Mechanical and Nuclear Engineering
-
MS,
Worcester Polytechnic Institute
1980
Mechanical Engineering
Pi Tau Sigma
-
JD,
Suffolk University Law School
1985
cum laude
Experience
Litigation examples
Smith & Nephew, Inc. v. Ethicon, Inc. - Representing Smith & Nephew in asserting a patent on orthopedic suture anchors against Ethicon (ongoing). Case is currently pending in District Court after a successful appeal to the Federal Circuit reversing an adverse summary judgment decision. Case reported at: 276 F.3d 1304, 54 USPQ2d 1889.
Valois of America, Inc. v. Risdon/AMS (USA), Inc. - Representing the accused infringer, Valois, in a patent case on a bottle fixation mechanism for perfume spray pumps (ongoing). Case reported at: 183 F.R.D. 344.
ArthroCare Corp. v. Smith & Nephew, Inc. - Representing the accused infringer, Smith & Nephew, in a patent case on RF electrosurgery instruments used in arthroscopic surgery (ongoing).
Howmedica Osteonics Corp. v. Wright Medical Technology, Inc. - Defending the accused infringer, Wright Medical, in a patent case on an orthopedic knee prosthesis (ongoing).
Vos Systems, Inc. v. Voice Signal Technologies, Inc. - Defending the accused infringer, Voice Signal, in a patent case on voice-activated light switches (ongoing).
Articulate Systems, Inc. v. Apple Computer, Inc. - Representing a local software company, Articulate Systems, in asserting a patent on computer voice recognition against Apple Computer (ongoing). Successfully defended four summary judgment motions brought by Apple Computer. Case reported at: 66 F.Supp.2d 105; 53 F.Supp.2d 78; 53 F.Supp.2d 62.
Prenovitz v. Smith & Nephew Dyonics, Inc. - Defended the accused infringer, Smith & Nephew Dyonics, in a patent case on a videoarthroscope used to visualize the inside of a joint during arthroscopic surgery. Won case on motion to dismiss. Also won award of 100% of the attorneys' fees paid by Smith & Nephew. (Non-published decision).
Hoffman v. Wisner Classic Mfg. Co., Inc. - Defended the accused infringer, Wisner Classic, in a patent case on a tilting mechanism used in large format cameras. Won case on motion to dismiss. Also brought successful motion to join plaintiff's counsel as a defendant to Wisner's RICO counterclaim. Settled counterclaim favorably to Wisner. Case reported at: 40 USPQ2d 1241.
Mitek Surgical Products, Inc. v. Wright Medical Technology, Inc. - Defended the accused infringer, Wright Medical, in a patent case on orthopedic suture anchors. Won case on summary judgment. (Non-published decision).
Stryker Corp. v. Wright Medical Technology, Inc. - Defended the accused infringer, Wright Medical, in a patent case on an instrument used in orthopedic knee replacement surgery. Won case on trial. Affirmed on appeal to Federal Circuit. Case reported at: 38 USPQ2d 1732.
Wright Medical Technology, Inc. v. Osteonics Corp. - Represented Wright Medical in asserting a patent on an instrument system used in orthopedic knee replacement surgery. Settled case favorably after trial and two appeals to Federal Circuit. Case reported at: 122 F.3d 1440; 939 F. Supp. 65.
Citron v. 3M - Defended the accused infringer, 3M, in a patent case asserted against 3M's Post-It Flags. Won case on summary judgment. Affirmed on appeal to Federal Circuit. (Non-published decision).
3M v. Johnson & Johnson Orthopedics, Inc. - Represented 3M in asserting four patents and trade secret violations relating to fiberglass orthopedic casting tape against J&J. Won case on trial, including finding of willful infringement by J&J. The damages award amounted to $129 million, including $53 million in punitive damages. Affirmed on appeal to Federal Circuit. Case reported at: 976 F.2d 1559; 22 USPQ2d 1401.
Linvatec Corp. v. Smith & Nephew Dyonics, Inc. - Defended the accused infringer, Smith & Nephew Dyonics, in a patent case on a magnet-coding system for cutting blades used in arthroscopic surgery. Settled case favorably during mediation.
AFC Cable Systems, Inc. v. Alflex Corp. - Represented AFC Cable in asserting patent and trademark/ trade dress claims relating to armored electrical cable. Settled case favorably.
Atlas Travel Int'l v. Uniglobe Travel (Northeast States), Inc. - Represented local travel agency in a declaratory judgment trademark and franchise case against franchiser. Settled case favorably during mediation.
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