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)
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.
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 AFA’s 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 AFAs 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 courts, the U.S. Court of Appeals for the Federal Circuit , the U.S. International Trade Commission (ITC), and the Patent Trial and Appeal Board (PTAB).
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.
“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
“These Firms Landed The Most Patent Litigation Work In 2020,” Law360 (March 12, 2021)
“Litigation Leaders: Fish & Richardson’s Kurt Glitzenstein on Being the Busiest Patent Litigation Firm in the Land and Keeping it That Way,” The American Lawyer (January 25, 2021)
“Plaintiffs Consider Bench Trials to Combat Litigation Backlog,” Managing Intellectual Property (January 22, 2021)
“Patent Litigation Trends To Watch In 2021,” Law360 (January 3, 2021)
“Mastering the Art of Pricing in Complex Litigation,” Corporate Counsel Business Journal (January 21, 2020)
“Leading IP Firm Pioneers Data-Driven Alternative Fee Structures,” Corporate Counsel Business Journal (March 2019)
“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)
“The Firms That Fielded The Most Patent Cases,” Law360 (February 7, 2018)
“These Law Firms Dominated At The Federal Circuit In 2016,” Law360 (March 1, 2017)
“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 14, 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)
“A Normative and Positive Analysis of the Scope of the Doctrine of Equivalents,” Harvard Journal of Law & Technology, 7(2) (1994)
International Trade Commission Cases
Won a closely watched ITC patent infringement case—part of a massive, high-stakes global litigation—for client Carl Zeiss AG (ZEISS) and its customer ASML Netherlands BV against Nikon. The case, which resulted in excluding numerous Nikon digital cameras from the U.S., was the first big win in the series of U.S. cases. It was particularly challenging because every decision needed to align with a carefully developed global litigation strategy to ensure that no position taken would jeopardize any other international litigation. (International Trade Commission, 337-TA-1059)
Scored a major ITC victory for client Aspen Aerogels, Inc. after two overseas competitors, Guangdong Alison Hi-Tech Co. Ltd. and Nano Tech Co. Ltd., opened knockoff businesses by directly copying everything from Aspen—from products to promotional materials. The ITC issued a limited exclusion order barring the importation of Alison and Nano’s aerogel composite insulation blankets into the U.S. market, protecting Aspen’s innovative thermal management solutions in the $3.2 billion energy insulation market. (International Trade Commission, 337-TA-1003)
Federal Circuit Cases
Won a precedential Federal Circuit decision upholding the validity of client Aspen Aerogels’ patent, which Guangdong Alison Hi-Tech Co. Ltd. (Alison) was found to infringe at the International Trade Commission (ITC). Fish initially won the ITC case which resulted in a limited exclusion order barring the importation of Alison’s and Nano’s knockoff aerogel composite insulation blankets into the U.S. market. (Guangdong Alison Hi-Tech Co. v. ITC (Federal Circuit, 2018-2042))
Convinced the Federal Circuit to go en banc, a rare event, to affirm changing long-standing law on setting the scope of patent claims that are defined largely or wholly by functions that an invention performs. The win makes it easier to avoid infringement or to argue invalidity for many thousands of overbroad patents, particularly in the software area. Fish represented defendants Microsoft, Adobe, and Citrix. (Federal Circuit. Williamson v. Citrix Online LLC, et al. (Federal Circuit, 2016-1714))
“Client Service All-Star” by BTI Consulting Group (2020)
“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 (2014-2020)
“IP Star” by Managing Intellectual Property (2013-2020)
“IP Litigator Of The Year,” Porsche AG (2011)
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.”
J.D. magna cum laude, Harvard Law School (1993) Executive Editor, Harvard Journal of Law & Technology 1992-1993 Managing Editor, Harvard Journal of Law & Technology, 1991-1992
M.S., Mechanical Engineering, Controls, University of California (1990)
B.S. Phi Beta Kappa, Tau Beta Pi, Mechanical Engineering, Massachusetts Institute of Technology (1988)
- 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
April 12, 2021
Fish & Richardson Named 2021 IP Boutique Firm of the Year and ITC Firm of the Year by Managing Intellectual Property
January 26, 2021
Kurt Glitzenstein Quoted in The American Lawyer "Litigation Leaders" Article
December 14, 2020
Fish & Richardson Principals David Barkan and Kurt Glitzenstein Named 2020 Client Service All-Stars by BTI Consulting Group
December 10, 2020
Fish Attorneys Interviewed for Bloomberg Law Article: "The Go-To Big Law Firms..."
November 30, 2020
Fish & Richardson Named Law360 2020 IP Practice Group of the Year
September 9, 2020
Fish & Richardson Clients Granted Rare Summary Determination in ITC Trade Secret Case
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
August 4, 2020
32 Fish & Richardson Attorneys Named 2020 “IP Stars” by Managing Intellectual Property Magazine
January 21, 2020
Q&A with Kurt Glitzenstein for Corporate Counsel Business Journal, "Mastering the Art of Pricing in Complex Litigation"
December 19, 2019
Kurt Glitzenstein Quoted in Law360 Article, "The Biggest Patent Rulings of 2019"
December 18, 2019
Fish & Richardson is the U.S. Patent Elite’s Top Law Firm for Litigation Over the Past Decade
November 4, 2019
Fish & Richardson Principal Kurt Glitzenstein Named “New England Trailblazer” by AmLaw