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Alan M. Fisch

Alan M. Fisch
Partner, Co-Chair, Intellectual Property Practice
Member, Executive Committee

afisch@kayescholer.com

Washington, DC
T: (202) 682-3600

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Alan Fisch is one of the most prominent intellectual property trial lawyers in the United States. He is well known for his jury trial victories for both plaintiffs and defendants.

MEHR

Mr. Fisch was lead trial counsel in a patent infringement litigation in Marshall, Texas on behalf of Pier 1 Imports, Inc. in a case involving Pier 1's gift card system. The jury returned a verdict that plaintiff Alexsam, Inc.'s two asserted patents were not infringed. This victory was Mr. Fisch's second jury trial win on behalf of a defendant in Marshall, Texas.

Mr. Fisch was lead trial counsel in a patent infringement litigation in Marshall, Texas on behalf of Thomas & Betts Corporation. Thomas & Betts prevailed at jury trial, invalidating both of plaintiff Cooper Technologies Company's patents on electrical connectors.

Mr. Fisch was lead trial counsel in a patent infringement litigation that American Lawyer Media's VerdictSearch selected as one of the top 10 defense jury verdicts in 2006 (and the only verdict of the top 10 in the area of intellectual property). This case, Barry Fiala, Inc. v. Stored Value Systems, Inc. in the United States District Court for the Western District of Tennessee, lasted three weeks and resulted in a jury verdict of non-infringement, invalidity, and inequitable conduct. The outcome shielded the gift card systems of over 300 retailers.

Mr. Fisch was lead trial counsel in a patent infringement litigation that resulted in a $62.3 million jury verdict against Microsoft Corporation on behalf of his client SPX Corporation. This case was the eighth largest federal court jury verdict nationwide in 2003.

As a result of these and other representations, Mr. Fisch has participated in litigation in federal courts in Arkansas, California, Connecticut, Delaware, District of Columbia, Florida, Illinois, Maryland, Massachusetts, Minnesota, Mississippi, Missouri, New Jersey, New York, Oklahoma, Pennsylvania, Tennessee, Texas, Vermont, Virginia, Washington, West Virginia and Wisconsin, as well as multiple state courts.

Mr. Fisch is also an accomplished appellate advocate. In the past few years he has argued and won three appeals before the United States Court of Appeals for the Federal Circuit.

Mr. Fisch has been recognized repeatedly for success in the courtroom. Some of his accolades include:

  • In December 2011, Mr. Fisch was recognized as a leading patent law practitioner and litigation lawyer by Euromoney's 2011 Legal Media Group Guide to the World's Leading Lawyers.
     
  • In December 2011, Washingtonian magazine named Mr. Fisch as one of the “Stars of the Bar” for Intellectual Property law.

  • In November 2011, Mr. Fisch was recognized as a national “Litigation Star” in Benchmark Litigation 2012. The publication identified that “Alan Fisch is becoming an IP legend.”

  • In August 2011, Mr. Fisch was selected for inclusion in The Best Lawyers in America, 2012. Inclusion in this list is based on a nationwide peer-review survey.

  • In June 2011, Chambers USA: America's Leading Lawyers for Business ranked Mr. Fisch for his patent litigation practice, which the publication noted "goes from strength to strength."

  • In June 2011, Legal 500 recognized Mr. Fisch as a top lawyer for patent litigation in the United States. Inclusion in Legal 500 is based on attorney interviews, corporate client commentary, and reported cases.

  • In May 2011, Mr. Fisch was selected to the IAM Patent Litigation 250, a listing of the top 250 patent litigators in the world. The publication said of Mr. Fisch that he is a "smart and personable trial lawyer." Selection to this list results from independent global research and world-wide peer recommendations.

  • In April 2011, Mr. Fisch was listed by Super Lawyers for intellectual property litigation for the fifth consecutive year. This list recognizes outstanding lawyers who have attained a high degree of peer recognition and professional achievement.

  • In December 2010, Mr. Fisch was named to the Expert Guides - Legal Media Group Guide to the World’s Leading Patent Law Practitioners, published by Euromoney Publications. This list is based on a global survey of litigation practitioners and in-house counsel.

  • In August 2010, Mr. Fisch was chosen as one of Law360’s 10 Most Admired Intellectual Property Attorneys. His judgment, trial skill, knowledge of technical issues, and successful high-profile patent trials were applauded by Law360. Lawyers were selected from nominations by Law360 readers and practice group heads at the 100 largest law firms in the United States.

  • In August 2010, Mr. Fisch was selected for inclusion in The Best Lawyers in America, 2011. Inclusion in this list is based on a nationwide peer-review survey.

  • In June 2010, Chambers USA: America’s Leading Lawyers for Business ranked Mr. Fisch as a “Leading Individual.” The publication noted that clients praised him as a “truly exceptional litigator” and that “he's a go-to for the most complex patent litigation cases.”

  • In June 2010, Legal 500 again selected Mr. Fisch as one of its “Leading Lawyers.”  The publication noted that clients find him to be an "astute litigator."  Inclusion in Legal 500 is based on attorney interviews, corporate client commentary, and reported cases.

  • In May 2010, Mr. Fisch was named to the Expert Guides - Legal Media Group Guide to the World’s Leading Litigation Lawyers, published by Euromoney Publications. This prestigious list contains 195 litigators from the United States and another 909 litigators from 55 other countries. This list is based on a global survey of litigation practitioners and in-house counsel.

  • In April 2010, Mr. Fisch was listed by Super Lawyers for intellectual property litigation for the fourth consecutive year. This list recognizes outstanding lawyers who have attained a high degree of peer recognition and professional achievement.

  • In December 2009, in its ranking of the 80,000 lawyers in the Washington, DC area, Washingtonian magazine recognized Mr. Fisch as one of the “Top 30 Stars of the Bar” — ranking him nineteenth overall. Mr. Fisch has ranked in the Top 30 since his first appearance on the list in 2004.

  • In August 2009, Mr. Fisch was selected for inclusion in Best Lawyers in America 2010. Inclusion in this list is based on a nationwide peer-review survey of more than 24,000 attorneys.

  • In June 2009, Chambers USA: America's Leading Lawyers for Business ranked Mr. Fisch as a “Leading Individual,” noting that he is praised by clients as “a stellar patent litigator.”

  • In May 2009, Mr. Fisch was named to the Expert Guides - Legal Media Group Guide to the World’s Leading Patent Law Practitioners, published by Euromoney Publications. This list is based on a global survey of litigation practitioners and in-house counsel.

  • In May 2009, Legal 500 selected Mr. Fisch as one of its “Leading Lawyers.” The publication noted that clients say he is “one of the brightest intellectual property litigators and strategists ever encountered.”  The publication also selected Kaye Scholer as one of the nation's top patent litigation practices. Inclusion in Legal 500 is based on attorney interviews, corporate client commentary, and reported cases.

  • In April 2009, Mr. Fisch was listed by Super Lawyers for intellectual property litigation for the third consecutive year. This list recognizes outstanding lawyers who have attained a high degree of peer recognition and professional achievement.

  • In October 2008, Mr. Fisch was selected as one of the top 500 lawyers in the United States in The Lawdragon 500 Leading Lawyers in America. This list identifies the nation’s best legal professionals, including private practice lawyers, legal academics, non-profit attorneys, government lawyers, and judges. This list is compiled based on extensive research and thousands of interviews with legal professionals and on-line input.

  • In August 2008, Mr. Fisch was named to the Guide to the World's Leading Litigation Lawyers, published by Euromoney Publications. This prestigious list contains 164 litigators from the United States and another 703 litigators from 52 other countries. This list is based on a global survey of litigation practitioners and in-house counsel.

  • In June 2008, Legal 500 selected Mr. Fisch as one of its "Leading Lawyers."  Clients note, "he brings a real business savvy to his area of law".  The publication also selected Kaye Scholer as one of the nation's top patent litigation practices. Inclusion in Legal 500 is based on attorney interviews, corporate client commentary, and reported cases.

  • In January 2008, The American Lawyer magazine highlighted two of Mr. Fisch's case victories in its "Litigation Department of the Year Highlights" section. The first was a jury trial victory for Comdata Corporation, the second was a summary judgment victory for Costco Wholesale Corporation.

Mr. Fisch is recognized as an authority in the field of intellectual property protection. He has been quoted by the United States Supreme Court and the United States Court of Appeals for the Federal Circuit. His scholarly works have also been cited by leading treatises and more than 50 other academic publications. Mr. Fisch's writings have been published by the Columbia-VLA Journal of Law & the Arts, Cornell Journal of Law and Public Policy, Harvard Journal on Legislation, University of Pennsylvania Journal of International Economic Law, and the American Bar Association's Jurimetrics: The Journal of Law, Science and Technology.

Mr. Fisch is also a sought-after commentator on intellectual property protection and litigation. The press has covered or quoted him hundreds of times. Some of the media outlets that have covered and quoted Mr. Fisch include Barron's, Bloomberg, BusinessWeek, Financial Times (UK), Fortune, The Globe and Mail (Canada), Investor's Business Daily, International Herald Tribune (France), The New York Times, Variety, The Wall Street Journal and The Washington Post. Additionally, Mr. Fisch has appeared in prominent publications dedicated to covering the legal community, including The American Lawyer, Corporate Counsel, Inside Counsel, Law360, The National Law Journal, and The Recorder.

Mr. Fisch began his law career at the United States Patent and Trademark Office as a Patent Examiner, where he focused on computer-related applications, both hardware and software.

Before practicing law, Mr. Fisch was a software design engineer at Texas Instruments, where he focused on the development of system-level software for a line of mini-supercomputers. While at Texas Instruments, he authored six papers, including one in UnixReview and one in Computer Technology Review, and presented at two conferences.

Corporate Experience

Texas Instruments Incorporated, Software Design Engineer.

Government Experience

United States Patent and Trademark Office, Patent Examiner.

Beratungsschwerpunkte

Ausbildung

Tulane University, J.D., cum laude

University of Texas - Austin, B.A., Computer Sciences

Zulassungen

District of Columbia

New York

United States Supreme Court

United States Court of Appeals for the Federal Circuit

United States Court of Appeals for the Second Circuit

United States Court of Appeals for the Fourth Circuit

United States Court of Appeals for the Sixth Circuit

United States District Court for the District of Columbia

United States District Court for the Northern District of Illinois

United States District Court for the Western District of Tennessee

United States District Court for the Eastern District of Texas

 
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