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About Whitney

Whitney Reichel is a principal in the Boston office of Fish & Richardson P.C. Her practice emphasizes patent litigation in the area of electrical engineering and computer technologies.  She has experience litigating complex patent cases in federal courts around the country, across a broad spectrum of technologies, in a wide range of industries.  Her practice also extends to trade secret litigation and general commercial litigation.

She received her J.D., cum laude, from the University of Michigan Law School in 2005 and her B.S. in electrical engineering in 2002 from Brown University.

Publications

“The Effect and Admissibility of Findings of the ITC in a Section 337 Proceeding on a Co-Pending or Subsequent Federal District Court Proceeding,” with T.V. Pezzano, The 337 Reporter (2003).

“Origin of the ‘up,’ ‘down’ hysteresis offsets observed from polarization-graded ferroelectric materials,” with J. Mantese, N. Schubring, and A. Micheli, Applied Physic Letters 78, 524 (2001).

“Magnetostrictive Sm1 – xNdxFe2 composites from melt-spun precursors,” with F.E. Pinkerton, J.F. Herbst, T.W. Capehart, and M.S. Meyer, Journal of Applied Physics 85, 1654 (1999).

ViaTech, Inc. v. Microsoft Corp. (D. Del.) Representing Microsoft.  Successfully obtained an order granting summary judgment of no infringement in favor of Microsoft.

MSC Software Corp. v. Altair Engineering Inc. (E.D. Mich.) Representing Altair post-trial. Successfully obtained an order granting a new trial on damages for MSC’s trade secret misappropriation claim, ultimately resulting in the complete dismissal of the misappropriation claim.

Smith & Nephew, Inc. v. Arthrex, Inc. (D. Or.)– Represented Smith & Nephew in two cases and related Patent Office proceedings asserting a patent on orthopedic suture anchors against its competitor Arthrex.  The first case resulted in an injunction against Arthrex and a payment to Smith & Nephew of $99 M.  The second case resulted in a favorable settlement on the eve of trial following a finding of partial summary judgment of infringement by the district court.

ilumisys, Incorporated v. Philips Electronics North America (E.D. Mich.) – Represented plaintiff ilumisys (d/b/a TOGGLED) in patent infringement case relating to LED bulbs in a fluorescent tube form factor.  Case settled favorably.

Robocast, Inc. v. Microsoft Corp. (D. Del.)Represented defendant Microsoft in case relating to automated web browsing tools. Case settled favorably.

FlexHead Industries, Inc. and PNM, Inc. v. The Viking Corp., Supply Network, Inc., Gateway Tubing, Inc., and Yong Won USA, Inc.; and FlexHead Industries, Inc. and PNM, Inc. v. EasyFlex, Inc., Victaulic Co., AF USA, LLC; and Midland Steel, Inc. (D. Mass.) – Represent plaintiffs in patent infringement lawsuit relating to fire protection sprinkler support systems. Case settled favorably.

VISICU, Inc. v. iMDsoft, Ltd. and Lehigh Valley Hospital (E.D. Pa.) – Defended Defendant iMDsoft, Ltd. against patent infringement claims relating to remote medical monitoring. Case settled favorably.

Orion IP, LLC v. Xerox Corp. et al. (E.D. Tex.) – Defended Defendant Siemens Corp. against patent infringement claims relating to online sales methods. Case settled favorably.

Power-One, Inc. v. Artesyn Technologies, Inc. (E.D. Tex.) – Represented Power-One in patent infringement case accusing Artesyn of infringing patents relating to power supplies. Case went to trial in November, 2007, and the jury returned a finding of infringement against Artesyn. The Court issued an injunction against Artesyn in April, 2008. Represented Power-One before the Court of Appeals for the Federal Circuit, where the jury verdict was affirmed in 2010.

The Gillette Company, et al. v. Water Pik, et al. (D. Col.) – Represented Gillette in patent infringement case accusing Gillette of infringing patents relating to oral care devices. Case settled favorably.

NetRatings, Inc. v. Sane Solutions, LLC (S.D.N.Y.) – Defended patent infringement lawsuit relating to web analytics and page tagging. Case settled favorably.

Ms. Reichel was named to 2020 “Top Women of Law” by Massachusetts Lawyers Weekly.

Ms. Reichel was named to the Massachusetts Supreme Judicial Court 2019 Pro Bono Honor Roll.

Ms. Reichel was selected as one of twenty-six “Up and Coming Lawyers” for 2015 by Massachusetts Lawyers Weekly, in conjunction with the Massachusetts Bar Association. This award is presented annually to “the rising stars of the legal community — Massachusetts attorneys who have been members of the bar for 10 years or less, but who have already distinguished themselves despite their relatively junior status.”

Ms. Reichel received the “Outstanding Pro Bono Service” Award from the Political Asylum/Immigration Representation (PAIR) program in 2014, in recognition of her years of pro bono work helping clients and their families from the Congo, Uganda, Iran, and El Salvador obtain asylum.

Ms. Reichel has also been named a “Rising Star” by New England Super Lawyers magazine for 2009-2011 and 2013-2014.

Focus Areas
Education

J.D. cum laude, University of Michigan Law School (2005) Associate Editor, Michigan Journal of Law Reform


B.S., Electrical Engineering, Brown University (2002)

Admissions
  • U.S. Patent and Trademark Office 2006
  • Massachusetts 2005
  • U.S. Court of Appeals for the Federal Circuit
  • U.S. Court of Appeals for the Sixth Circuit
  • U.S. District Court for the District of Colorado
  • U.S. District Court for the District of Massachusetts
  • U.S. District Court for the Eastern District of Michigan
Languages
  • English
  • French
  • Italian

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