Frank E. Scherkenbach

Frank E. Scherkenbach is a prominent patent trial lawyer at Fish & Richardson, specializing in complex, high-technology litigation. His practice focuses heavily on technology areas such as computer software, semiconductors, medical devices, and life sciences. His casework, including leading roles in matters like IOT Innovations LLC v. Amazon.com, Inc., Blackbird Tech LLC v. Fitbit, Inc., and Ingeniospec LLC v. Snap Inc., demonstrates a strong emphasis on software, internet technologies, and consumer electronics.

Mr. Scherkenbach primarily defends operating companies, with all five of his tracked appearances being on the defendant side. He has represented major technology companies such as Microsoft, Adobe Systems, Live Nation, and Ticketmaster. He is noted for trying over 40 patent cases to jury verdict, as well as numerous U.S. district court and U.S. International Trade Commission bench trials.

His significant case outcomes include securing a $175 million settlement for Power Integrations after a 15-year patent dispute against Fairchild, which involved multiple victories and injunctions. He achieved a jury-verdict win for Adobe Systems, invalidating asserted claims against Photoshop software and defeating a $56.7 million damages request. Additionally, Mr. Scherkenbach obtained a $23.7 million jury award for SRI International in Delaware, later doubled to $56.9 million against Cisco Systems. In Uniloc USA, Inc. v. Microsoft Corporation, he served as lead appellate counsel in a landmark Federal Circuit decision that eliminated the "25 percent rule" for patent damages. His experience also extends to the U.S. International Trade Commission, where he secured a limited exclusion order for Aspen Aerogels.

Mr. Scherkenbach also possesses experience in post-grant proceedings and appeals, having successfully argued at the Federal Circuit for the reversal of a Patent Trial and Appeal Board's cancellation of Power Integrations' patent claims, addressing important issues related to privity and the time-bar for inter partes review. He earned his J.D. from Harvard Law School in 1989, where he co-founded and served as Editor-in-Chief of the Harvard Journal of Law & Technology. He also holds a B.S. in Mechanical Engineering and an A.B. in Classics from Stanford University, both with distinction. He has been admitted to practice in Massachusetts since 1989.