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Robert S. Frank, Jr.

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Robert S. Frank, Jr.

Partner
 
Choate, Hall & Stewart LLP
Two International Place
Boston, Massachusetts  02110
(Suffolk Co.)

Telephone: 617-248-5000
Fax: 617-248-4000
http://www.choate.com



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Practice AreasIntellectual Property Litigation ; Appellate Practice; Litigation; Insurance and Reinsurance; Antitrust; Life Sciences
 
EducationHarvard University, LL.B., cum laude, 1967, Bowdoin College, A.B., cum laude, 1964
 
Admitted1967, Massachusetts; U.S. Court of Appeals, Federal Circuit; U.S. Court of Appeals, First Circuit; U.S. Court of Appeals, Fourth Circuit; U.S. Supreme Court; U.S. District Court, District of Massachusetts
 
MembershipsBoston and American Bar Associations.
 
Born1943
 
BiographyLitigation: commercial, intellectual, antitrust and varied business disputes.
 
ISLN907298159
 
TransactionsLead counsel for Data General in copyright infringement/trade secret misappropriation/antitrust case. Case was tried to jury for nine weeks and resulted in judgment for Data General in amount of $52.4 million. Judgment was affirmed on appeal. Resulting recovery to Data General is believed to be one of six largest ever achieved in copyright infringement cases. Data General Corporation v. Grumman Systems Support Corporation, D. Mass. Represented Eastman Kodak in what was then largest patent infringement case in history of U.S. Responsible for Kodak's successful defense against Polaroid's claim that Kodak willfully infringed seven Polaroid patents. Kodak's potential exposure with respect to this claim was $8 billion. Polaroid Corporation v. Eastman Kodak Company, D. Mass. Represented affiliates of ITT-Hartford Insurance Group in appeal of case (which he did not try) in which thirty-four British and continental European reinsurers alleged that they were induced by fraud to enter certain reinsurance treaties. Case presented variety of insurance, contract and fraud issues. Reinsurers had prevailed at trial. Mr. Frank obtained reversal of trial court's decision. $106 million was at issue. Compagnie de Reassurance D'lle De France v. New England Reinsurance Company, D. Mass. Akamai Technologies Inc. - internet patent litigation. Adobe Systems, Inc. - internet patent litigation. Teradyne, Inc. - computer hardware patent litigation. Voice Signal Technologies - speech recognition patent and trade secret litigation. EMC Corporation - copyright infringement and trade secret misappropriation litigation. FileNet Corporation - computer software patent litigation. New Japan Radio Corp. - litigation under the Semiconductor Chip Protection Act. Computer Associates International, Inc - securities fraud, employee non-compete and trade secret litigation. AIG - multiple appeals of adverse lower court decisions involving responsibility for cost of defense, alleged bad faith settlement practices and patent infringement. ITT-Hartford Insurance Group - reinsurance litigation not described above. Harvard University - contract and biotechnology patent infringement action. Dana Farber Cancer Institute - biotechnology patent litigation, negotiation of Dana Farber/Partners Cancer Care joint venture. Pharmacia & Upjohn - arbitration of dispute with respect to inventor's rights under license agreements. Eisai Company Limited - pharmaceutical patent litigation General Electric Co. - water purification patent litigation. Transkaryotic Therapies, Inc. - biotechnology patent litigation. Wyeth - contract litigation involving recombinant proteins. John Hancock Life Insurance Co. - appeal relating to rights under ERISA Plan; antitrust litigation. Genetics Institute Inc. (now Wyeth) - contract litigation relating to production of recombinant Factor VIII. Cabot Corporation - litigation regarding rights under $300 million Supply Agreement; litigation against Puerto Rico Electric Power Authority over its obligation to engage in competitive bidding. Phillips North America Corp - false advertising litigation.
 


 

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