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Background

Kurt Glitzenstein is the firm’s Litigation Practice Group Leader and is responsible for the firm’s largest practice, which spans twelve offices. In addition, Mr. Glitzenstein is a patent trial lawyer and leads cases in venues across the United States, including the District of Massachusetts, the District of Delaware, the Northern District of California, the Eastern District of Texas, the District of New Hampshire, and the ITC (International Trade Commission). In addition to his U.S. practice, Mr. Glitzenstein represents clients in connection with lawsuits and proceedings around the globe, including in the United Kingdom, Germany, The Netherlands, Denmark, Italy, and Australia.

A highly-experienced courtroom lawyer, Mr. Glitzenstein first-chairs trials and key hearings, including Markman hearings, and stays on the front lines of his cases. His hands-on approach includes moving forward with a deep understanding of a client’s business, and business objectives, allowing him to quickly provide clients with targeted guidance on vital issues and opportunities that arise during the course of patent litigation.  His cases have spanned a wide range of mechanical, electrical, optics, medical, and computer software technologies, from bearing and pumps in consumer and industrial products, to medical devices in the electrotherapeutic, diagnostic, and coronary fields, to the algorithmic intricacies of computer software, to the sophisticated technologies of optics, lasers, fiber optics, telecommunications, industrial and systems control.

As a result of his many longstanding client relationships, Mr. Glitzenstein routinely provides counsel and guidance at all stages of a legal dispute.  Thus, clients frequently consult with him even before a lawsuit is filed to work on sensitive and highly confidential pre-suit matters, including offensive strategies and defensive strategies for litigation avoidance.  At the other end of the spectrum, Mr. Glitzenstein has briefed and argued appeals for clients on issues that include claim construction, infringement, validity, patent office practice, and trade secrets.  Mr. Glitzenstein was an essential member of the appellate team in Uniloc v. Microsoft, a landmark decision in which the Federal Circuit rejected the use of the 25% rule of thumb for calculating a reasonable royalty for infringement damages. Mr. Glitzenstein also led the appellate team in Williamson v. Citrix, in which the Federal Circuit, sitting en banc, returned a decision that overruled prior precedent regarding the applicability of “mean plus function” claim construction principals under 35 U.S.C. 112(f) to functional language in patent claims.

Since the enactment of the Leahy-Smith America Invents Act (AIA), Mr. Glitzenstein has broadened his practice to integrate strategies that incorporate post-grant proceedings, including inter partes review (IPR). He has successfully litigated IPRs for both the patent owner and the patent challenger, in fields as diverse as medical devices and optical systems.

In addition to his patent litigation practice, Mr. Glitzenstein chairs the firm’s alternative fee program, where he oversees the budgeting and resource allocation for a wide range of disputes in forums throughout the United States, and is also an elected member of the firm’s Management Committee.

Education

J.D., Harvard Law School 1993
Executive Editor, Harvard Journal of Law & Technology 1992-1993 Managing Editor, Harvard Journal of Law & Technology 1991-1992
magna cum laude


M.S., University of California 1990
Mechanical Engineering, Controls


B.S., Massachusetts Institute of Technology 1988
Mechanical Engineering
Phi Beta Kappa, Tau Beta Pi

Admissions

  • U.S. Patent and Trademark Office 1996
  • Massachusetts 1994
  • Supreme Court of the United States
  • U.S. Court of Appeals for the Federal Circuit
  • U.S. Court of Appeals for the First Circuit

Other Distinctions

Awards

Litigation Trailblazer” by The National Law Journal (2018).

The Best Lawyers in America© list (2014-2019).

“IP Star” by Managing Intellectual Property (2013-2018).

“IP Litigator Of The Year,” Porsche AG (2011).

Speaking Engagements

“Leadership in Transition: The Practice Group Chairs Evolving Role in Driving Revenue,” 23rd Annual Marketing Partner Forum in Orlando, FL on January 21, 2015.

Selected Publications

“A Normative and Positive Analysis of the Scope of the Doctrine of Equivalents,” Harvard Journal of Law & Technology, 7(2) (1994).

News

Patent Cases To Watch In The 2nd Half Of 2017: Part 2,” Law360, (July 10, 2017).

Patently Powerful,” Metropolitan Corporate Counsel, (November 2016).

The Firms That Landed The Most Patent Suits Last Year,” Law360, (March 16, 2016).

3 Reasons IP Specialists Have An Edge at Trial,” Law360, (March 15, 2016).

Fish & Richardson puts Boston Lawyer in Charge of Litigation,” Boston Business Journal, (January 12, 2016).

New Fish Litigation Group Leader Says AIA Has Reshaped IP Strategy,” Law360, (January 11, 2016).

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