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Background

Frank Scherkenbach is a leading patent trial lawyer who specializes in complex high technology litigation, with particular expertise in computer software, semiconductors, and medical devices. To date, Mr. Scherkenbach has tried approximately three dozen patent cases to jury verdict, as well as many bench trials.

A few of Mr. Scherkenbach’s jury trial wins have been selected by The National Law Journal as particularly significant: Power Integrations, Inc. v. Motorola, Inc., in which Mr. Scherkenbach and his team achieved a jury award of $32.3 million, was named as one of the “most significant intellectual property cases” of 1999; and both Adobe Systems Inc. adv. Quantel Ltd. and the Microsoft adv. Arendi verdicts were named as “Top 10 Defense Verdicts” of the year in 1997 and 2004, respectively.

More recently, Mr. Scherkenbach achieved a defense win for Adobe against EveryScape in Boston, where in 2015 a jury invalidated all asserted claims in the two patents at issue, and he obtained a $105 million verdict for Power Integrations in 2014 against Fairchild Semiconductor – one of the largest patent jury verdicts of the year.

Mr. Scherkenbach also practices before the International Trade Commission (ITC), where he most recently tried a multi-patent medical device case for ResMed in 2014, and regularly handles appeals to the Federal Circuit.

Education

J.D., Harvard Law School 1989
Co-Founder, Editor-in-Chief, Harvard Journal of Law & Technology


B.S., Stanford University 1986
Mechanical Engineering
with distinction, Phi Beta Kappa, Tau Beta Pi


A.B., Stanford University 1986
Classics
with distinction

Admissions

  • California 1989
  • Massachusetts 2003
  • U.S. Court of Appeals for the Federal Circuit

Clerkships

United States Court of Appeals for the Federal Circuit, The Honorable Haldane Robert Mayer, 1989 - 1991

Memberships & Affiliations

​Founder and Editor-in-Chief, Harvard Journal of Law & Technology (1988-1989). Member of the Federal Circuit Bar Association, the American Bar Association, and the American Intellectual Property Law Association.

Other Distinctions

Publications

GCs Name Favorite IP Lawyers, Law360, February 10, 2015
Changes Ahead for NPE Patent Litigation, The Metropolitan Corporate Counsel, June 4, 2014
Protecting Clients’ Assets: Fish & Richardson, The Best Lawyers: New England 2014, April 28, 2014
Q&A With Fish & Richardson’s Frank Scherkenbach, Law360, April 30, 2013

Accolades

“IP Star” by Managing Intellectual Property, 2013-2018
Leading practitioner in patent law by IAM Patent 1000: The World’s Leading Patent Practitioners, 2012 – 2018​
“Litigation Trailblazer” by The National Law Journal, 2017​
Named Trial Ace by Law360, 2015
Named Local Litigation Star for Massachusetts and California and National Litigation Star, Benchmark Litigation, 2013 – 2015
Recognized by Chambers USA as a notable practitioner in Intellectual Property, 2005 – 2015
Named a “Client Service All-Star” by BTI Consulting Group, 2015
The Best Lawyers in America in Patent Litigation, 2007 – 2019
Massachusetts Super Lawyer, 2009-2013​​
IAM 250, The World’s Leading Patent Litigator, 2011

What's trending with Frank

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June 14, 2018
Fish Receives Top “Gold” Ranking from IAM Patent 1000 for National Patent Litigation Practice
Press Release
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February 23, 2018
Fish & Richardson Wipes Out $2.5 Billion Patent Verdict Against Gilead Sciences on JMOL
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November 29, 2017
Fish & Richardson Wins Jury Verdict for Velcro Companies Against YKK Corp. in Middle District of Georgia
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August 15, 2018
46 Fish Attorneys Named to The Best Lawyers in America® 2019 List
Articles
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May 22, 2018
Fish & Richardson Receives Top “Band 1” National Rankings for Intellectual Property and ITC Practices in Chambers USA 2018
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May 21, 2018
Fish & Richardson Announces 39 Attorneys Named “IP Stars” by Managing Intellectual Property Magazine
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March 27, 2018
Fish & Richardson Wins Major ITC Patent Case for Aspen Aerogels
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March 6, 2018
Fish & Richardson Announces Ranking as a Top National Trademark Practice by Managing Intellectual Property
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November 1, 2017
Fish & Richardson Principal Frank Scherkenbach Named “Litigation Trailblazer” by The National Law Journal
Press Release
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October 6, 2017
Fish & Richardson Named 2017 Delaware Regional Powerhouse By Law360
Press Release
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July 24, 2017
Fish & Richardson Receives Top “Gold” Ranking from IAM Patent 1000 for National Patent Litigation Practice
Press Release
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June 23, 2017
Fish & Richardson Announces 36 Attorneys Named “IP Stars” by Managing Intellectual Property Magazine
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