Kaye Scholer

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. This case is also the largest-ever jury award for patent infringement in the United States District Court for the Eastern District of Virginia.

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, New Jersey, New York, Oklahoma, Pennsylvania, Tennessee, Texas, Vermont, Virginia, Washington, and West Virginia, as well as multiple state courts.

Mr. Fisch is also an accomplished appellate advocate. In the past 24 months 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 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, 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.”
  
  
• 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." 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.
  
  
• In December 2007, in its ranking of the 80,000 attorneys in the Washington, DC area, Washingtonian magazine recognized Mr. Fisch as one of the "Top 30" lawyers in Washington, DC — ranking him nineteenth overall. Mr. Fisch has ranked in the Top 30 since his first appearance on the list in 2004.
  
  
• In July 2007, The National Law Journal spotlighted Mr. Fisch's trial work in the publication's selection of Kaye Scholer for its litigation "Defense Hot List." This list selects the country's ten leading litigation defense firms.
  
  
• In June 2007, Mr. Fisch was named to the Legal Media Group Guide to the World's Leading Patent Law Practitioners, published by Euromoney Publications in association with Managing Intellectual Property. This list is based on a global survey of litigation practitioners and in-house counsel.
  
  
• In May 2007, the inaugural publication of the Legal 500 United States identified Mr. Fisch as one of Kaye Scholer's leading patent litigators in its summary of the selection of the firm as one of the nation's top patent litigation practices. Inclusion in this publication is based on attorney interviews, corporate client commentary, and reported cases.
  
  
• In January 2007, Mr. Fisch was named to the Guide to the World's Leading Litigation Lawyers, published by Euromoney Publications. This prestigious list contains 148 litigators from the United States and another 676 litigators from 45 other countries. This list is based on a global survey of litigation practitioners and in-house counsel.

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 nearly 200 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, IP Law & Business, Legal Times, Managing Intellectual Property, 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.