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About Frank

Frank Scherkenbach is a leading patent trial lawyer who specializes in complex, high-technology litigation. He has particular expertise in cases related to computer software, semiconductors, medical devices, and life sciences. He is known for his ability to craft novel legal theories and present compelling, persuasive arguments to juries and judges – skills developed while trying more than 40 patent cases to jury verdict, as well as many U.S. district court and U.S. International Trade Commission (ITC) bench trials.

Mr. Scherkenbach’s wins in U.S. district courts, the Federal Circuit, and the ITC earned him recognition as Benchmark Litigation’s 2019 “Intellectual Property Attorney of the Year.” His remarkable successes include:

  • Jury verdicts worth hundreds of millions of dollars in damages and injunctions against more than 175 infringing products for Power Integrations. Mr. Scherkenbach led Power Integrations’ contentious patent infringement battles against Fairchild and its subsidiaries for 15 years, and secured victories in multiple cases in various courts, culminating in a $175 million settlement for his client.
  • A $23.7 million jury award in the District of Delaware for client SRI International (recently affirmed by the Federal Circuit).
  • Beating a $56.7 million damages request in a jury-verdict win for Adobe Systems, invalidating all asserted claims in the two patents at issue against Adobe’s Photoshop software.
  • A limited exclusion order at the ITC on behalf of Aspen Aerogels that stopped two foreign competitors from importing their aerogel composite blankets into the U.S.

On appeal to the Federal Circuit, Mr. Scherkenbach has argued for and secured many wins, including industry-changing decisions, which include:

  • Successfully arguing for reversal of the PTAB’s cancellation of client Power Integrations’ patent claims. In finding for Power Integrations, the court opined on important issues surrounding privity and the time-bar on petitioning for inter partes review.
  • Obtaining a landmark decision on damages on behalf of Microsoft that eliminated the “25 percent rule.” This had been previously used by plaintiff-side damages experts for decades as a starting point for royalties in intellectual property cases.
  • Securing affirmance of a jury award of $23.7 million and a compulsory license grant for patent-holder SRI. This case was closely watched because it tested whether SRI’s inventions were patent-eligible under the Supreme Court’s Alice decision (the Federal Circuit affirmed validity).
  • Convincing the Federal Circuit to uphold a summary judgment ruling of non-infringement for client Microsoft in litigation over Windows and Office products. The Federal Circuit revised the trial judge’s construction of two terms in the patent, but found these modifications did not change the outcome. It also upheld the district court ruling that plaintiff ViaTech could not prove infringement under the doctrine of equivalents.

Publications

Media Mentions

“Q&A With Fish & Richardson’s Frank Scherkenbach,” Law360 (April 2013)

U.S. District Court Cases

Microsoft Corp. v. Corel Corporation, et al., N.D. Cal. (2018)

Idenix Pharmaceuticals LLC et al. v. Gilead Sciences Inc., D. Del. (2016)

SRI International Inc. v. Cisco Systems Inc., D. Del. (2016)

EveryScape Inc. v. Adobe Systems Inc., D. Mass. (2015)

Power Integrations Inc. v. Fairchild Semiconductor International Inc. et al., N.D. Cal. (2015)

St. Jude Medical, et al. v. Volcano Corp., D. Del (2012)

Tarkus Imaging Inc. v. Adobe Systems Inc., et al., D. Del. (2012)

IMRA America Inc. v. IPG Photonics Corp., E.D. Mich. (2011)

SRI International Inc. v. Internet Security Systems Inc., et al., D. Del. (2008)

Callaway Golf Co. v. Acushnet Co., D. Del. (2007)

Kyphon Inc. v. Disc-O-Tech Medical, et al., D. Del. (2005)

Arendi USA Inc., et al. v. Microsoft Corp., et al., D.R.I. (2004)

Intuitive Surgical, et al. v. Computer Motion, D. Del. (2002)

U.S. Court of Appeals for the Federal Circuit Cases

Power Integrations Inc. v. Semiconductor Components, Fed. Cir. (2019)

Power Integrations Inc. v. Fairchild Semiconductor Corp., et al., Fed. Cir. (2018)

Williamson v. Citrix Online LLC, et al., en banc rehearing, Fed. Cir. (2017)

Storer, et al. v. Clark, Fed. Cir. (2017)

St. Jude Medical, Cardiology Div., Inc. v. Volcano Corp., Fed. Cir. (2014)

Uniloc v. Microsoft, Fed. Cir. (2011)

Morrow, et al. v. Microsoft Corp., Fed. Cir. (2007)

International Trade Commission, Section 337 Investigations

Certain Composite Aerogel Insulation Materials and Methods for Manufacturing the Same (2018)

Certain Digital Cameras, Software, and Components Thereof (2018)

Certain Sleep-Disordered Breathing Treatment Mask Systems and Components Thereof (2018)

  • Named to The Best Lawyers in America (2022)
  • Litigation Practitioner of the Year – Massachusetts” by Managing Intellectual Property (2021)
  • Inducted as a Fellow into the American College of Trial Lawyers (2021)
  • “Best Lawyers in America” for Patent Litigation and Intellectual Property Litigation by The Best Lawyers in America© (2021)
  • Recognized as a notable practitioner in Intellectual Property, Chambers Global (2021)
  • Named a “Leading Patent Professional” by IAM Patent 1000 (2012-2017​, 2020-2021)
  • Recognized as a notable practitioner in Intellectual Property, Chambers USA: Massachusetts (2005-2017, 2020-2021)
  • “Lawyer of the Year for Litigation- Intellectual Property in Boston” by The Best Lawyers in America© (2020)
  • “Life Sciences Star” by LMG Life Sciences (2019-2020)
  • “Intellectual Property Attorney of the Year” by Benchmark Litigation (2019)
  • “Intellectual Property MVP of the Year” by Law360 (2019)
  • “Trademark IP Star” by Managing Intellectual Property (2018)
  • Named “Trial Ace” by Law360 (2015)
  • Named a “Client Service All-Star” by BTI Consulting Group (2015)
  • “IP Star” by Managing Intellectual Property (2013-2020)
  • Named “Local Litigation Star for Massachusetts and California” and “National Litigation Star” by Benchmark Litigation (2013-2015)
  • IAM 250, The World’s Leading Patent Litigator (2011)
  • Massachusetts Super Lawyer (2009-2018)

“He is a leader in the field who has terrific experience in District Court matters.”
Client testimonial, 2021 Chambers and Partners USA

Focus Areas
Education

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


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


A.B. with distinction, Classics, Stanford University (1986)

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

U.S. Court of Appeals for the Federal Circuit, The Honorable Haldane Robert Mayer, 1989 - 1991

Memberships & Affiliations

Member of the Federal Circuit Bar Association

American Bar Association

American Intellectual Property Law Association

What's trending with Frank

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News
August 19, 2021
Fish Attorneys Recognized in 2022 edition of The Best Lawyers in America
Recognition
News
News
July 7, 2021
Fish & Richardson Receives Top Rankings in 2021 Edition of IAM Patent 1000: The World’s Leading Patent Professionals
Recognition
News
News
May 26, 2021
Fish & Richardson Ranks in Top “Band 1” Nationwide Rankings for Intellectual Property and ITC Practices in Chambers USA 2021
Press Release
Recognition
News
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April 12, 2021
Fish & Richardson Named 2021 IP Boutique Firm of the Year and ITC Firm of the Year by Managing Intellectual Property
Recognition
News
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March 12, 2021
Fish & Richardson Principal Frank Scherkenbach Admitted to American College of Trial Lawyers
Press Release
Recognition
News
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September 29, 2020
Fish & Richardson Receives Top Firm Rankings and 14 Principals Named 2020 “Life Sciences Stars” by LMG Life Sciences
Press Release
Recognition
News
News
August 12, 2020
Fish & Richardson Receives Top “Gold” Ranking from IAM Patent 1000 for National Litigation Practice; National Rankings in the Plaintiff Firm and Prosecution Firm Categories
Press Release
Recognition
News
News
August 4, 2020
32 Fish & Richardson Attorneys Named 2020 “IP Stars” by Managing Intellectual Property Magazine
Recognition
News
News
June 2, 2020
Fish & Richardson Receives Top “Band 1” National Rankings for Intellectual Property and ITC Practices in Chambers USA 2020
Press Release
Recognition
News
News
November 12, 2019
Fish & Richardson Principal Frank Scherkenbach Named 2019 Intellectual Property MVP of the Year by Law360
Press Release
Recognition
News
News
October 25, 2019
Fish & Richardson Obtains $175 Million Settlement for Power Integrations After 15 Years of Hard-Fought Litigation
Press Release
News
News
October 2, 2019
Fish & Richardson Receives Top Firm Rankings from LMG Life Sciences in Four Practice Areas
Press Release
Recognition
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