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Kurt L. Glitzenstein

Principal

Boston, MA
617-521-7042
[email protected]
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Kurt L. Glitzenstein Photo

Background

Client Testimonials

  • Kurt is regularly recognized as among the best in his field. Chambers and Partners 2020 quotes clients who refer to Kurt as, “… by far the best attorney I have ever worked with,” noting that he “understands our business and quickly identifies reasonable positioning in cases.”

Practice Distinctions

  • Changed long-standing law setting the scope of patent claims, which helps companies, particularly in software, combat overbroad patents. (Federal Circuit. Williamson v. Citrix Online LLC, et al. (Federal Circuit, 2016-1714))
  • Defended an energy company’s innovation against infringing overseas competitors that threatened the U.S. company’s existence. (International Trade Commission, 337-TA-1003)
  • Developed a global litigation strategy to ensure consistent positioning across highly intricate multi-case proceedings. (International Trade Commission, 337-TA-1059, one example)

About Kurt

As the leader of Fish’s Litigation Practice Group, which includes more than 250 trial lawyers in 14 U.S. and international offices, Kurt and his team consistently secure more high-profile intellectual property wins than any other firm. His engineering background gives him perspective as a technological historian and informs his foundation in the ever-evolving world of technology—proficiencies he uses to help clients achieve both their litigation and business objectives.

Approach

Kurt demands—of himself and his team—meticulous preparation at every stage of a case. Such intense preparation gives him extraordinary control to entertain settlement negotiations from a position of strength and to provide ongoing expertise in creating solid appellate court arguments to affirm contested wins.

Kurt’s formidable courtroom experience is best illustrated by the extremely complex, high-stakes disputes some of the world’s most innovative companies entrust to him. He has won numerous cases involving novel litigation strategies throughout patent law. He led the appellate teams in two precedent-setting cases—one modifying patent law to make it easier to avoid infringement or argue invalidity for many thousands of overbroad patents (Williamson v. Citrix), and another rejecting the use of the 25% rule-of-thumb for calculating a reasonable royalty for infringement damages (Uniloc v. Microsoft). He also leads the team representing Carl Zeiss AG in a massive high-stakes global litigation against Nikon Corp.

Trailblazer in AFAs and Team Approach

Kurt’s innovation extends to his approach to client relationships. Years before most law firms were thinking about alternative fee arrangements (AFAs), Kurt began tailoring AFA’s to meet clients’ business needs. In 2009, long-time Fish client Microsoft established a fixed-fee pricing approach for patent cases that formed the basis of Microsoft’s 2017 announcement that it planned to move 90% of its legal work to AFAs.

Kurt is one of the architects behind the renowned Fish teamwork approach—developing customized, seamless, scalable groups with deep fluency across technologies and venues for each case. This technique helps Fish dominate across venues—U.S. District Court, the U.S. Court of Appeals for the Federal Circuit, the International Trade Commission (ITC), and the Patent Trial and Appeal Board (PTAB).

His robust national and international practice includes:

  • Appellate
  • ITC Litigation
  • Litigation
  • Patent Litigation
  • Post Grant: Inter Partes Review (both patent owners and challengers)
  • Trade Secret Litigation

Kurt first-chairs trials and key hearings, including Markman hearings, and stays on the front lines of his cases.

He has a deep understanding of myriad technologies, such as mechanical and electrical products; autonomous vehicles; industrial devices; lasers and fiber optics; robotics; computer software technologies; embedded systems; and electrotherapeutic, diagnostic, and coronary technologies. His work also spans a wide range of industries, including:

  • Aerospace & Defense
  • Consumer Products
  • Electrical and Computer Technology
  • Internet, including 5G
  • Manufacturing
  • Medical Devices
  • Optics
  • Semiconductors
  • Software
  • Telecommunications
  • Transportation

Education

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


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


Massachusetts Institute of Technology 1988
Mechanical Engineering, B.S.
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
  • U.S. District Court for the District of Massachusetts
  • U.S. District Court for the Eastern District of Michigan
  • U.S. District Court for the Western District of Wisconsin
  • U.S. District Court for the District of Colorado

Other Distinctions

Recent Accolades

“Leading Patent Professional” by IAM Patent 1000 (2020)

“New England Trailblazer” by The American Lawyer (2019)

Litigation Trailblazer” by The National Law Journal (2018)

The Best Lawyers in America© list (2014-2021)

“IP Star” by Managing Intellectual Property (2013-2020)

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

Presentations and Publications

Speaking Engagements

“MIP European Patent USA Forum” in New York City, NY, on December 6, 2019

“Arthur J. Gajarsa and Boston IP Inns of Court & Contested Matters Committee Present: Decision Makers” in Boston, MA, on September 27, 2018

“Intellectual Property Litigation: United States and Europe” at STC Conference in Hangzhou, China, on May 16, 2018

“Leadership in Transition: The Practice Group Chairs Evolving Role in Driving Revenue,” 23rd Annual Marketing Partner Forum in Orlando, FL, on January 21, 2016

Selected Publications

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

News

Leading IP Firm Pioneers Data-Driven Alternative Fee Structures,” Corporate Counsel Business Journal (January 21, 2020)

How To Beat The Crowd When Chasing Defensive Patent Work,” Law360 (October 18, 2019)

These Firms Crushed It At The Federal Circuit in 2018,” Law360 (March 29, 2019)

Leading IP Firm Pioneers Data-Driven Alternative Fee Structures,” Corporate Counsel Business Journal (March 2019)

The Firms That Fielded The Most Patent Cases,” Law360 (February 7, 2018)

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

These Law Firms Dominated At The Federal Circuit In 2016,” Law360 (March 1, 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)

Law firms address new fee structures in-house,” Boston Business Journal (November 23, 2012)

Experience

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What's trending with Kurt

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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
January 21, 2020
Q&A with Kurt Glitzenstein for Corporate Counsel Business Journal, "Mastering the Art of Pricing in Complex Litigation"
Media Mention
Articles
News
News
September 9, 2020
Fish & Richardson Clients Granted Rare Summary Determination in ITC Trade Secret Case
Press Release
News
News
August 4, 2020
32 Fish & Richardson Attorneys Named 2020 “IP Stars” by Managing Intellectual Property Magazine
Recognition
News
News
December 19, 2019
Kurt Glitzenstein Quoted in Law360 Article, "The Biggest Patent Rulings of 2019"
Media Mention
News
News
December 18, 2019
Fish & Richardson is the U.S. Patent Elite’s Top Law Firm for Litigation Over the Past Decade
Press Release
Recognition
News
News
November 4, 2019
Fish & Richardson Principal Kurt Glitzenstein Named “New England Trailblazer” by AmLaw
Press Release
Recognition
News
News
October 30, 2019
Fish & Richardson Named Most Innovative Law Firm Operations Team of the Year
Press Release
Recognition
News
Event
December 6th, 2019 | 9:00 am EST
MIP European Patent Forum USA 2019
Speaking Engagement
News
September 19, 2019
Fish & Richardson Named IP Litigation Powerhouse in BTI 2020 Survey of In-House Counsel
Press Release
Recognition
News
News
May 22, 2019
Fish & Richardson Announces 32 Attorneys Named “IP Stars” by Managing Intellectual Property Magazine
Press Release
Recognition
News
News
April 8, 2019
Fish & Richardson Named #1 Outside Counsel for IP Litigation In Corporate Counsel's "Best of 2019" Survey
Press Release
Recognition
News
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