Katherine J. Fick
Associate
Boston
Katherine Fick's practice is particularly focused on intellectual property litigation at both the trial and appellate court levels. She has participated in the successful defense of a life sciences company against claims of patent infringement on summary judgment and on appeal. Katherine also worked on a team that obtained a royalty-free covenant not to sue biotechnology companies after challenging the validity and enforceability of patents-in-suit, and served on the core trial and appellate team in a matter involving the validity of patents directed to biodegradable polymers used for drug delivery. She has also successfully defended a software company against trademark infringement claims.
In addition to intellectual property litigation, Katherine has extensive commercial litigation experience representing corporate clients in a variety of disputes, including securities matters products liability and complex torts.
Katherine spent four months on firm-sponsored rotation working as an Assistant District Attorney in Norfolk County, during which time she conducted numerous jury and bench trials. She also served as a law clerk for the Honorable Mark L. Wolf, United States District Court for the District of Massachusetts.
Bars and Court Admissions
Massachusetts
U.S. Supreme Court
U.S. Court of Appeals, Federal Circuit
U.S. District Court for the District of Massachusetts
Representative Experience
The following is a brief summary of Katherine's experience and accomplishments:
Assisted in the defense of a software industry client in a contested-venue trademark infringement dispute where company and domain names were at issue.
Represented Becton Dickinson in a patent infringement suit brought by Enzo Biochem, Inc. involving nucleotide sequences used in genetic probes, in which a summary judgment of invalidity was affirmed by the Federal Circuit in Enzo Biochem, Inc. v. Gen-Probe, Inc. et al., 424 F.3d 1276 (Fed. Cir. 2005)
Represented QLT in a complex patent and trade secret litigation arising out of a collaboration among QLT, Mass. Eye and Ear Infirmary, and Massachusetts General Hospital that led to the development of photodynamic therapeutic treatment for age-related macular degeneration. We obtained a district court order correcting inventorship to add QLT's scientist to the patent, leading to a stipulated dismissal.
Represented a public pharmaceutical manufacturer in litigation brought by a lender and an investor alleging multimillion-dollar breach of securities purchase agreement and warrants, obtaining summary judgment affirmed by the Massachusetts Appeals Court in Triumph-Connecticut Ltd. Partnership, et al., v. Ascent Pediatrics, Inc., 65 Mass.App.Ct. 1103 (2005)
Defended Atrix in a patent infringement suit involving biodegradable polymers used for drug delivery. Under the terms of a settlement, Atrix obtained a royalty-free license under TAP's past and future patents to make Atrix's prostate cancer drug Eligard®.
professional / civic involvement
Boston Bar Association, Member
Massachusetts Bar Association, Member
American Bar Association, Member
American Intellectual Property Law Association, Member
Primary Source, Member of Board of Directors
Successfully obtained political asylum on behalf of former citizen of the Democratic Republic of Congo
Provides pro bono representation in domestic abuse cases
publications
Co-author, "Promoting 'Civil' Litigation by Responding Appropriately to Incivility," Michael B. Keating and Katherine J. Fick, Massachusetts Lawyers Weekly, May 21, 2007
Assisted with the preparation of a paper discussing non-traditional defenses to patent infringement actions authored by Donald R. Ware, entitled "Weakening a Patent Action Using the 'Little Stuff,'" presented at the 2007 Spring Meeting of the American Intellectual Property Law Association
Assisted with preparation of chapter on civility authored by Michael Keating, in BUSINESS AND COMMERCIAL LITIGATION IN FEDERAL COURTS (2d ed. 2005; Supp. 2007)
Co-author, "Massachusetts" Chapter, PRODUCT LIABILITY DESK REFERENCE (2003)
Such Stuff As Laws Are Made On: Interpreting The Exchange Act To Reach Transnational Fraud, U. CHI. LEGAL F. 441 (2001).
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