Harvard Law School
LLB, 1967, cum laude
AB, 1964, cum laude, Phi Beta Kappa
US Court of Appeals,
First, Fourth, Federal Circuits
US District Court, Massachusetts
US Supreme Court
Choate successfully represented Hewlett-Packard in a major contract dispute relating to HP’s claim that Oracle is obligated to port its software to certain of HP’s platforms. Choate handled the cross-examination of Oracle’s principal witnesses in California Superior Court, and the Court ultimately ruled in our client’s favor—repeatedly citing testimony elicited on cross-examination. Oracle has since resumed porting its software as demanded by HP.
“an outstanding lawyer – smart, analytical and aggressive where appropriate”
Bob Frank is the former Managing Partner and Chairman of Choate.
Mr. Frank has been named the 2012 Boston “Lawyer of the Year” for Patent Litigation by Best Lawyers. He is listed in Chambers USA, Best Lawyers in America and Massachusetts Super Lawyers Top 100. He has been named a World’s Leading Patent Litigator by IAM 250, a World’s Leading Patent Practitioner by IAM Patent 1000 and an “IP Star” by Managing Intellectual Property.
Litigation: commercial, intellectual, antitrust and varied business disputes
- Trial counsel for Hewlett-Packard in contract litigation against Oracle. In a first trial phase, the Court interpreted the parties' contract and found in HP's favor on its separate promissory estoppel claim. A damages trial will be held later in 2013. Claimed damages are $4 billion.
Hewlett-Packard Company v. Oracle Corporation, Cal Superior Court
- Lead counsel for Akamai Technologies in patent infringement case involving the delivery of Internet content. After a three week trial, the jury returned a verdict in favor of Akamai in the amount of more than $45 million. This was the largest verdict in Massachusetts and one of 50 verdicts in the United States.
Akamai Technologies v. Limelight Networks, D Mass
- Lead Counsel for Momenta Pharmaceuticals in patent infringement action. Obtained preliminary injunction precluding sales of generic enoxaparin by Amphastar Pharmaceuticals.
Momenta v. Amphastar et al., D Mass
- Lead counsel for Data General in copyright infringement/trade secret misappropriation/antitrust case. The case was tried to jury for nine weeks and resulted in a judgment for Data General in the amount of $52.4 million. The judgment was affirmed on appeal.
Data General Corporation v. Grumman Systems Support Corporation, D Mass
- Represented Eastman Kodak in what was then the largest patent infringement case in history of the United States. He was 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
Representative Appellate Engagements
(In Cases Tried by Others)
- Represented affiliates of Hartford Insurance Group in appeal of case in which thirty-four British and continental European reinsurers alleged that they were induced by fraud to enter certain reinsurance treaties. The case presented a variety of insurance, contract and fraud issues. The reinsurers had prevailed at trial. Mr. Frank obtained a reversal of the trial court’s decision. $106 million was at issue.
Compagnie de Reassurance D’lle de France v. New England Reinsurance Company, First Circuit
- Represented Clare Inc. in breach of contract case arising out of unsuccessful ASIC development project. $36 million jury verdict reversed.
Lojack Corp. v. Clare Inc., Mass App Ct
- Represented Powerscreen Inc. in a patent infringement appeal. $34 million jury verdict reversed.
Read v. Powerscreen Inc., Federal Circuit
- Hewlett-Packard Co.- US litigation counsel for HP’s claims arising from its purchase of Autonomy Corporation plc; patent infringement litigation regarding imaging technology and document management technology; antitrust litigation regarding alleged agreement not to compete.
- Cisco Systems- actions alleging breach of fiduciary duty in connection with Cisco's acquisition of Starent Networks Corp.
- EMC Corporation- copyright infringement and trade secret misappropriation actions (one involving diagnostics software, another involving document management systems, breach of contract action arising from a component acquisition agreement).
- Momenta Pharmaceuticals - two patent infringement actions involving an anticoagulant.
- 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.
- Voice Signal Technologies- speech recognition patent and trade secret litigation.
- Adobe Systems, Inc- internet patent litigation.
- AIG- multiple appeals of adverse lower court decisions involving responsibility for cost of defense, alleged bad faith settlement practices and patent infringement.
- Wyeth- contract litigation involving recombinant proteins.
- John Hancock Life Insurance Co- appeal relating to rights under ERISA Plan.
- Harvard University- contract and biotechnology patent infringement action.
- Hartford Insurance Group- reinsurance litigation not described above.
- Dana Farber Cancer Institute- biotechnology patent litigation, negotiation of Dana Farber/Partners Cancer Center joint venture.
- Teradyne, Inc- computer hardware patent 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.
- Eisai Company Limited- pharmaceutical patent litigation.
- General Electric Co- water purification patent litigation.
- Transkaryotic Therapies, Inc- biotechnology patent litigation.
- Phillips North America Corp- false advertising litigation.
Professional and Community Involvement
Mr. Frank has served on the firm’s Executive Committee. He has been an active participant in his community of Winchester, Massachusetts, serving as a member of the Winchester Town Meeting since 1979. He has also served as Chairman of the Winchester School Committee and the Winchester Finance Committee.
Mr. Frank is a Fellow of the American College of Trial Lawyers and a member of the American Bar Association and the Boston Bar Association.