Juanita Brooks of Fish & Richardson
Juanita Brooks of Fish & Richardson (Thomas Kurtz)

Fish & Richardson made several client wins official last year through appellate rulings that put the stamp of approval on the firm’s trial court victories.

For example, partner Juanita Brooks in Fresenius USA v. Baxter International convinced the U.S. Court of Appeals for the Federal Circuit to throw out Baxter’s infringement case on a novel theory. The court said Baxter’s case had been nullified when Fish persuaded the U.S. Patent Office and Trademark Office to invalidate Baxter’s patent on hemodialysis machine technology.

“It’s actually a poster child for our skill sets,” Brooks said of the appeal, the district court case and patent office proceedings. The U.S. Supreme Court denied Baxter’s petition for certiorari.

“They’re unusual in having absolutely top-quality litigators in the very same office as top-quality patent prosecutors,” said Jay Morris, chief intellectual property counsel for Fresenius Medical Care North America.

Fish racked up two Federal Court wins that protected billions of dollars in Allergan Inc.’s glaucoma product sales. The firm solely represented Allergan in Sandoz Inc.’s appeal. Brooks argued for Allergan against Barr Laboratories Inc.’s appeal with co-counsel at Los Angeles-based Gibson, Dunn & Crutcher. Fish and Gibson Dunn also protected two Allergan-owned or -licensed eyelash-growth technology patents via a North Carolina federal court injunction that blocked three generic drug makers until 2024. Van Winkle, Buck, Wall, Starnes and Davis of Asheville, N.C., served as local counsel.

Fish helped 75 defendants defeat a nonpracticing entity in Parallel Networks LLC v. Abercrombie & Fitch before the Federal Circuit in a case testing Parallel’s website technology patent.

“There was a lot of exposure there. It was good to get a win,” said partner Michael McKeon, who argued for all defendants at the appellate level.


Year founded: 1878
Largest office: Boston
Total attorneys: 356
IP partners: 188
IP associates: 138
Patent agents: 27