Fill, Peter N.

Peter N. Fill

Partner
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Peter Fill has significant experience in all fields of intellectual property, including litigation, opinions, licensing and patent prosecution. Peter has been involved in all aspects of patent infringement litigations, including written discovery, claim construction (including Markman hearings), fact depositions, expert reports, motion practice, trials and appeals to the U.S. Court of Appeals for the Federal Circuit from both U.S. District Court decisions and U.S. International Trade Commission (ITC) determinations. Peter is Co-Chair of the Firm's Patent Strategies Practice Group.

Peter Fill has significant experience in all fields of intellectual property, including litigation, opinions, licensing and patent prosecution. Peter has been involved in all aspects of patent infringement litigations, including written discovery, claim construction (including Markman hearings), fact depositions, expert reports, motion practice, trials and appeals to the U.S. Court of Appeals for the Federal Circuit from both U.S. District Court decisions and U.S. International Trade Commission (ITC) determinations. Peter is Co-Chair of the Firm's Patent Strategies Practice Group.

Peter also has represented clients before U.S. Customs & Border Protection in connection with the enforcement of exclusion orders issued by the ITC.

Peter's experience with opinions, licensing and patent prosecution (both in the United States and abroad, including appeals to the Patent Trial and Appeal Board (PTAB)) has encompassed a wide array of technologies, including CDMA, UMTS, 802.11a, b & g, Bluetooth, RFID, cryptography, touchscreens, data storage systems, computer implemented business methods, health care IT systems and interoperability software, two-dimensional barcodes, deep water drilling systems and peptide-based vaccines.

Before entering private practice, Peter interned for a U.S. judge in the District of New Jersey. Prior to entering the legal profession, Peter held the position of senior engineer for a prominent aerospace corporation.

Peter's representative experience includes:

  • Sentillion v. Carefx (D. Del., settled) Represented defendant Carefx in a patent infringement action involving health care software interoperability
  • Compuware Corp. v. IBM Corp. (E.D. Mich., settled) Represented defendant IBM in patent infringement counterclaim involving a variety of computer hardware and software patents
  • IBM Corp. v. Compuware Corp. (S.D.N.Y., settled) Represented plaintiff IBM in patent infringement action involving a variety of IBM computer-related patents
  • Priceline.com Inc. v. Microsoft Corp. and Expedia, Inc. (D.Conn., settled) (Patent Infringement and Unfair Trade Practices) Represented Priceline.com in asserting landmark e-commerce patent
  • Lucent Technologies Inc. v. Micron Technology, Inc. (D. Del., settled) (Patent Infringement and Breach of Patent License) Represented Lucent in assertion of several Lucent patents covering semiconductor devices and semiconductor fabrication technologies and in declaratory judgment of invalidity/non-infringement of several Micron patents covering complex telecommunications systems; plus countersuit filed in E.D. Va. which was successfully transferred to D. Del.
  • Symbol Technologies, Inv. v. Bell Data Software Corp. 56 USPQ2d 1534 (E.D. Mich. 2000) (Summary Judgment of Invalidity) Represented Symbol in declaratory judgment action seeking invalidity of defendant's patent covering encoded identification cards. Succeeded in establishing intentional interference with contractual relations to challenge patent validity, despite withdrawal of infringement charges by alleging novel theory based on Lanham Act violations. Grant of summary judgment of patent invalidity disposed of case favorably
  • TM Patents, L.P. v. IBM Corp. (Patent Infringement) Represented IBM against charge of infringing four complex computer patents in the area of data storage, memory control and parallel processing data routing
  • Marketel Int'l v. Priceline.com, et al (Trade Secret and Patent Inventorship/Ownership Dispute) Represented Priceline.com against charges of trade secret misappropriation and a patent inventorship dispute including demands for ownership of the famous "Priceline Patent"
  • Data General v. IBM Corp. (D. Mass., settled) Represented IBM against an infringement claim involving seven patents, including assertion of a patent infringement counterclaim involving seven patents
  • Ericsson Radio Systems v. Interdigital Communications Corp. (N.D. Texas) Represented Ericsson in a declaratory judgement action involving cellular communications technology
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CREDENTIALS
Education
  • J.D., Rutgers University School of Law - Newark, 1993
  • B.E.E., Stevens Institute of Technology, 1987
    Completed several masters' level courses in computer science and electrical engineering
Bar Admissions
  • New York
  • U.S. Patent and Trademark Office
Court Admissions
  • U.S. District Court for the Eastern District of New York
  • U.S. District Court for the Southern District of New York
Professional Affiliations
    • Member, American Bar Association
    • Member, New York Intellectual Property Law Association
    • Recognized, IAM Patent 1000 (2020)
Professional History
    • Partner, Locke Lord LLP
    • Partner, Morgan & Finnegan