AREA OF PRACTICE
Alfred Fabricant (Fred) heads the intellectual property litigation practice at Brown Rudnick. Fred is an experienced first chair trial lawyer who focuses his practice on patent, copyright, trademark, unfair competition, and other commercial litigation matters.
Fred has more than 30 years of first chair experience in district courts throughout the United States litigating patents for both patent owners and defendants including cases in the most active courts in Delaware, E.D. Texas, California, Illinois and Florida. His cases have involved a large variety of technologies including automotive, semiconductor, LED displays, smartphone handsets, medical devices, digital audio and video watermarking, electronic ratings systems, consumer electronics, copy protection and anti-piracy technology, NFC and radio frequency identification systems, robotics systems, automated storage and retrieval systems, memory and storage devices, software, internet-related method and system patents, universal remote control devices, optical systems, and methods and systems for the manufacture of flooring materials. He has successfully handled dozens of high-stakes patent litigation cases and resolved disputes across the gamut of contentious IP issues including copyright and trademark infringement, trade secret and unfair competition disputes. According to The World's Leading Patent Practitioners published by IAM 1000, "clients say they cannot imagine working with anyone better, hailing [Fabricant's] outstanding skills of presentation and persuasion in the courtroom." Fred has also tried many arbitration matters and represented clients in mediations.
Fred has represented clients in matters before the International Trade Commission including, at present, the patent owner in one of the largest ITC proceedings involving modular LED display panels. He has also appeared in more than 50 inter partes review proceedings before the Patent Trial and Appeals Board. Fred has also argued numerous appeals before the U.S. Courts of Appeal for the Federal, Second and Fourth Circuits where he has represented both appellants and appellees in a variety of matters.
Since 2008, Fred has handled a large number of cases that have been financed, in whole or in part, by litigation funders. He has also represented litigation funds as outside diligence counsel and is frequently recommended by litigation funders to claimants for both lead counsel representation in litigation as well as for IPR work before the PTAB.
In addition to his litigation experience, Fred routinely acts as a legal counselor and advisor in the negotiation and drafting of patent, trademark and copyright license agreements, joint venture and funding agreements and other business contracts. Fred also specializes in IP due diligence, freedom to operate analyses and the management and monetization of IP portfolios, a topic on which he has lectured extensively over the past decade. He advises clients on portfolio acquisitions and development, licensing and enforcement strategies, and litigation financing options.
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