Among dissolving IP boutiques and a tough 2009 for the firm, Fish & Richardson remains a pillar of the IP community. Last year, the firm's New York office hired a number of attorneys from Darby & Darby following its rupture, including its former managing partner Robert Sullivan. The group, led by principal S Peter Ludwig, brought with it biotech and pharmaceutical prosecution expertise. Legal commentators recognise the firm for its sheer size and breadth of talent, with one in-house counsel noting that in patent disputes, "Fish & Richardson is the best firm we have seen on the adverse side".
The firm advised Fresenius Medical Care Holdings in a suit filed by Baxter Healthcare, which alleged infringement on patents involving peritoneal dialysis systems. The jury returned a verdict of non-infringement by Fresenius following a month-long trial.
In trade marks, Fish & Richardson successfully represented BBU in an infringement and unfair competition suit against Sara Lee involving its Sandwich Thins trade mark. Lisa Martens led a team in obtaining a preliminary injunction enjoining Sara Lee from selling its own product bearing the mark - a decision affirmed by the Ninth Circuit Court of Appeals. Martens, said a client, is "extremely knowledgeable on all trade mark prosecution and litigation matters".