Fish & Richardson Named 2019 “Intellectual Property Firm of the Year” in the U.S. by Benchmark Litigation; Wins “National Impact Case”


BOSTON, March 15, 2019 — Fish & Richardson has been named the 2019 “Intellectual Property (IP) Firm of the Year” in the U.S. by Benchmark Litigation. Fish principal Frank Scherkenbach was named “IP Attorney of the Year” in the U.S. and principal Juanita Brooks was named “California IP Litigation Attorney of the Year.” Fish’s win in Gilead Sciences, Inc. v. Merck & Co. Inc. et al. was honored as the “National Impact Case” of the year.

Fish earned the “IP Firm of the Year” award by dominating in every venue – in district court, at the International Trade Commission (ITC), at the Court of Appeals for the Federal Circuit, and at the Patent Trial and Appeal Board – scoring more high-profile IP wins across the board than any other firm. In 2018, Fish won two cases for client Gilead Sciences, Inc. involving the company’s blockbuster drugs, Sovaldi® and Harvoni®, which cure hepatitis C and are considered among the greatest medical innovations of our lifetimes.

In Idenix Pharmaceuticals LLC et al. v. Gilead Sciences, Inc., Fish reversed a $2.5 billion willful infringement jury verdict – the largest patent damages award in history – against Gilead after proving that Idenix’s patent was invalid due to lack of enablement. In Gilead Sciences, Inc. v. Merck & Co. Inc. et al. – the “National Impact Case” of the year – Fish won a unanimous Federal Circuit opinion that affirmed its post-trial vacatur of a $200 million jury verdict against Gilead after proving Merck’s litigation and business misconduct constituting unclean hands. The Federal Circuit also affirmed $14 million in attorneys’ fees awarded to Gilead, and in January 2019 the U.S. Supreme Court refused to grant certiorari, bringing this case to a close.

Brooks, who is one of the nation’s top trial lawyers specializing in complex IP, product liability and mass tort litigation, won the “California IP Litigation Attorney of the Year” for leading Gilead’s high-stakes Merck litigation.

Fish had numerous ITC victories in 2018 including a win for Macronix International, a leading integrated device manufacturer in the non-volatile memory market, against Toshiba Corp. and its subsidiaries. In this case, Fish obtained a rare reversal of an administrative law judge’s initial determination of no violation and secured an exclusion order, while making new law relaxing the domestic industry requirement.

Scherkenbach, who has been called “one of the 50 greatest litigators in the country,” was named the “IP Attorney of the Year” in the U.S. for his impressive 2018 wins in district court, at the Federal Circuit and at the ITC for clients Microsoft, Power Integrations and Aspen Aerogels.

Benchmark Litigation is the only publication to focus exclusively on U.S. litigation. Benchmark researchers conduct extensive interviews with litigators and their clients to identify the leading litigators and firms; firms cannot pay to be recommended for the guide. The 2019 winners were chosen based on research conducted between March and November 2018.

Fish & Richardson, a premier global intellectual property law firm, is sought-after and trusted by the world’s most innovative brands and influential technology leaders. Fish offers patent prosecution, counseling and litigation; trademark and copyright prosecution, counseling and litigation; and commercial litigation services. Our deep bench of attorneys with first-chair trial experience in every technology makes us the go-to firm for the most technically complex cases. We have an established reputation as a top-tier firm for patent portfolio planning, strategy and prosecution, as well as post-grant proceedings at the PTAB. Fish was established in 1878, and now has more than 400 attorneys and technology specialists in the U.S., Europe and China. Our success is rooted in our creative and inclusive culture, which values the ersity of people, experiences and perspectives. For more information, visit or follow us at @FishRichardson. 

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Amy Blumenthal


Kelly Largey

Blumenthal & Associates

Fish & Richardson

(617) 879-1511

(800) 818-5070

SOURCE Fish & Richardson

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