Fish Cited for Two of the Top Ten Intellectual Property Cases of 2009

Managing Intellectual Property Magazine

Boston, MA, January 26, 2010 - Fish & Richardson handled two of the "top ten most important" intellectual property (IP) litigation cases of 2009. In its December 2009/January 2010 issue, Managing Intellectual Property magazine profiled the ten most "cutting-edge" cases from thousands of IP cases litigated around the world. Fish was the only firm mentioned more than once on the list. Fish's two cases were In re Bose Corporation and Prometheus v. Mayo.

The first case, In re Bose Corporation, was a precedent-setting case in which the U.S. Court of Appeals for the Federal Circuit overturned a Trademark Trial and Appeal Board's ruling that an error in Bose's renewal application for its Wave®trademark constituted fraud. The Federal Circuit's decision that "clear and convincing evidence" of an intent to deceive is required to substantiate a claim of fraud established a clear standard for an unresolved area of trademark law.

Fish has appealed the second case, Prometheus v. Mayo, to the U.S. Supreme Court. This case, which may also establish legal precedent, "is raising big questions about the topic of patentable subject matter in the U.S. and has lawyers in the medical community on edge," according to Managing Intellectual Property. A Supreme Court decision on whether fundamental scientific principles, such as medical diagnostic and treatment methods, can be patented would be one of "extraordinary public importance at the heart of the patent laws."

"We are honored to represent our clients in these landmark cases that are on the cutting-edge of IP law," said Peter J. Devlin, President of Fish & Richardson. "These cases illustrate why Fish & Richardson is the go-to firm for high-profile, high-stakes IP litigation."