Frank Porcelli is a Senior Principal in the Boston and Delaware offices of Fish & Richardson P.C. His practice emphasizes patent and trade secret appellate work, and he is co-chair of Fish's appellate group (1996 – present). He joined the firm in 1971. Over the almost 40-year existence of the U.S. Court of Appeals for the Federal Circuit, Frank has successfully argued some of the highest-profile and most legally significant patent and copyright appeals in the Court, including Minnesota Mining v. Johnson & Johnson Orthopedics, 976 F.2d 1559, 61 USLW 2236 (1992) ($129 million judgment for 3M was the highest district court patent infringement judgment upheld by the Federal Circuit over its first 25 years; case was featured in Time and Business Week), Johnson & Johnston Assocs. v. R.E. Service Co., 285 F.3d 1046 (2002 en banc) (12-1 decision established the doctrine of dedication as a limitation on the patent doctrine of equivalents), Bard Peripheral Vasc. v. W.L. Gore & Assocs., 2012 WL 2149764 (en banc), on remand to panel, 682 F.3d 1003 (2012) (en banc vacatur and remand to panel of $206 million willfulness penalty against our client W.L. Gore; panel held that the objective prong of the Seagate willfulness test is a question of law for the district court, not the jury, and vacated and remanded to district court for reconsideration), and Gaylord v. United States, 678 F.3d 1339 (2012) (decision established reasonable royalty as a measure of federal copyright "damages" in the Federal Circuit). He also successfully argued a trade secret appeal in the Supreme Court of Connecticut that effectively established the right to jury trial in trade secret cases brought under the Uniform Trade Secrets Act. Evans v. General Motors, 277 Conn. 496, 893 A.2d 371 (2006).
Fish & Richardson P. C.
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