Fisch Sigler LLP

Patent litigation has been on the upswing between companies in the solar energy (also known as photovoltaic or PV energy) industry. PV Magazine, the leading industry publication, turned to Jeffrey Saltman for a question-and-answer session on his insights into this trend and its effects on the industry. Jeff answered questions about the uptick in patent cases, the reasons for that growth, the prospects of future patent litigation, the overall impact patent cases could have on the solar industry, and more in the in-depth interview. To read the article, please visit: https://lnkd.in/ewuCvJCw To learn more about Jeff, please visit: https://lnkd.in/eaBKjaAi

Sega sued Japanese video game developer Bank of Innovation alleging that several Bank of Innovation games infringed five of its Japanese patents. Gamesradar+ turned to Lisa Phillips for her thoughts on the timing of finality for the case in the Japanese courts compared to an?analogous case brought in the United States. Lisa explained that “[i]n Japan, I expect it will take about 18 months to achieve courtroom resolution.” Referencing one of Sega’s most popular characters, she continued, “[a]nd while 18 months may not seem fast, it's downright Sonic the Hedgehog speed when compared to the US, where I expect it could take as long as five years to reach a courtroom resolution." To read the article, please visit: https://lnkd.in/e_8_yFp5 To learn more about our team, please visit: https://lnkd.in/d6YXj6ze

Patexia annually conducts a rigorous, data-driven analysis of Federal Circuit appeal outcomes to identify the top attorneys for litigating before that court. For its 2024 annual Intelligence Report, Patexia analyzed all 7,486 Federal Circuit appeals over the five-year period of 2019-2023. Out of the thousands of attorneys who handled those appeals, Patexia named Alan Fisch and Bill Sigler to its list of top attorneys for Federal Circuit appeals. A warm thank you to Patexia for the recognition, to our clients for the appellate opportunities to shine, and to our team for helping to achieve great outcomes! ? To learn more about our recognition, please visit: https://lnkd.in/gvHQ8Nn ? To learn more about our team, please visit: https://lnkd.in/d6YXj6ze

The doctrine of Sovereign Immunity protects government entities from being sued without their consent. In its coverage of Railware Inc. v. NJ Transit Corp., pending in the Southern District of New York, Bloomberg Law discussed sovereign immunity and its application in patent infringement cases. In that case, the defendant, NJ Transit, raised the sovereign immunity defense. In the article, Lisa Phillips explained, among other things, that “the sovereign immunity defense isn’t novel,” adding that “it’s just uncommon in patent cases because so few defendants qualify to raise it.” Lisa went on to explain that if NJ Transit shows it qualifies for immunity, there will still be a question of whether it “waived that immunity or consented to suit.” To read the article, please visit: https://lnkd.in/dE667gDb To learn more about our team, please visit: https://lnkd.in/d6YXj6ze

Benchmark Litigation provides the “definitive guide to the world’s leading litigation firms and lawyers.”?And?Benchmark Litigation has once again honored our team for its achievements over the past 12 months. As it has annually since our firm’s 2012 founding, the 2025 edition of Benchmark’s Guide to the Leading Litigation Firms and Attorneys named the firm as one of the top intellectual property litigation firms in the United States and recognized Alan Fisch as a National Practice Area Star, the publication’s highest individual accolade. Benchmark’s rankings result from an intensive six-months of research period, which examines recent results and surveys peer litigators’ opinions. To learn more about our recognition, please visit: https://lnkd.in/gvHQ8Nn To learn more about Alan, please visit: https://lnkd.in/g7NadUSf

Alan Fisch remains a fixture on Best Lawyers in America’s list of the top intellectual property lawyers in Washington, DC, with the latest edition marking 15 straight years of recognition. Best Lawyers bases its selections entirely on the opinions of peers, capturing the consensus views of leading lawyers about the professional abilities of their colleagues. And based on that methodology, Alan was once again honored in the 2025 edition of Washington, D.C.’s Best Lawyers. Thank you to our clients, peers, and Best Lawyers for this recognition! ? To learn more about Alan, please visit: https://lnkd.in/g7NadUSf To learn more about our recognition, please visit: https://lnkd.in/gvHQ8Nn

Intellectual Asset Management has covered our recent victory for client Juniper Networks at the Federal Circuit. Juniper was sued by Smart Path Connections, one of the many holding entities that has launched a flurry of cases asserting patents developed by telecommunications company Orckit-Corrigent. We invalidated all claims of one of Smart Path’s patents in inter partes reexamination proceedings before the Patent Trial and Appeal Board. Smart Path appealed that invalidation to the Federal Circuit. After full briefing closed and while oral argument was being scheduled, Smart Path dismissed its own appeal. What did Juniper pay for this dismissal? Zero. Zip. Nil. As David Saunders, Juniper’s Head of Litigation told IAM News, this dismissal “did not involve any settlement, license, or consideration of any kind.” It remains our honor to help Juniper achieve justice. To read the article, please visit: https://lnkd.in/dtxpZAtC To learn more about our team, please visit: https://lnkd.in/d6YXj6ze

If “Hey ho, let’s go!” means something to you, then you know the work of punk rock legends The Ramones. But what you may not know is that there’s been a long running dispute between Joey Ramone’s brother and Johnny Ramone’s widow—each of whom owns 50% of the band’s holding company. That battle took another turn with just-filed litigation in the Southern District of New York. And to help its readers sort through the legal issues, The New York Times once again turned to Alan Fisch. As Alan explained in the Times coverage, ownership interest in the act’s holding company doesn’t automatically bestow “an unfettered right to use the intellectual property.” Alan also shared “that each of the two shareholders have different views is part of the challenge that they’ve created for themselves in being 50 percent owners.” Maybe the band had it right when they sang “happiness is something you’ve gotta earn.” To read the article, please visit: https://lnkd.in/eTtXwF8R To learn more about our team, please visit: https://lnkd.in/d6YXj6ze

Chief Judge Colm F. Connolly of the District of Delaware recently added his voice to the chorus of those concerned about patent claim preamble jurisprudence. Bloomberg Law covered his statements in a recent claim construction opinion, where he found that a preamble claiming a “vaccine” meant that the claim required a vaccine, and called for the Federal Circuit to “jettison its rulings” that may counsel otherwise. In its story, Bloomberg Law included Alan Fisch’s thoughts on the decision and its implications. Alan commented that the “Court’s frustration with the existing case law is palpable,” and that the opinion “could be read to be inviting” an interlocutory appeal to the Federal Circuit. ? To learn more about Alan, please visit: https://lnkd.in/g7NadUSf ? To read the article, please visit: https://lnkd.in/enDGknVr