People
Patrick M. Fahey

Patrick M. Fahey

he/him/his

Partner

Pat Fahey chairs the firm’s Business Litigation Practice Group, which focuses on complex civil dispute resolution, including arbitration, mediation, and litigation in state and federal courts. He is particularly experienced at handling disputes involving intellectual property rights, such as copyrights, trademarks and patents, and has over twenty years of litigation experience in state and federal court on behalf of individuals and private and public entities. Pat also has significant experience litigating appeals and leads the firm’s appellate practice.

Pat also represents individuals, institutions, and charities in fiduciary disputes, and litigates matters in both the Probate Court and the Superior Court

In addition, Pat assists healthcare clients in privacy-related litigation, including claims related to medical records disclosure, and he advises clients regarding privacy obligations under state and federal law.

Pat was a law clerk to Judge Ellsworth A. Van Graafeiland of the United States Court of Appeals for the Second Circuit and to Judge Dominic J. Squatrito and Magistrate Judge Thomas P. Smith, both of the United States District Court for the District of Connecticut.

Credentials

Education

College of the Holy Cross, B.A., 1990
University of Connecticut School of Law, J.D., 1993, with honors

Bar Admissions

Connecticut, 1993

Court Admissions

U.S. Supreme Court
U.S. Court of Appeals for the Federal Circuit
U.S. Court of Appeals for the First Circuit
U.S. Court of Appeals for the Second Circuit
U.S. Court of Appeals for the Third Circuit
U.S. District Court, District of CO
U.S. District Court, District of CT
U.S. District Court, Northern District of FL
U.S. District Court, Eastern District of MI
U.S. District Court, Eastern District of NY
U.S. District Court, Northern District of NY
U.S. District Court, Southern District of NY
U.S. District Court, Western District of WI
U.S. Court of Federal Claims

Distinctions

Fellow of the American Bar Association
Listed as a Connecticut Super Lawyer®: Intellectual Property Litigation (2013-2024)
Listed in The Best Lawyers in America®: Litigation - Intellectual Property, Litigation - Patent (2020-2025)

Professional Affiliations

American Intellectual Property Law Association
American Bar Association
Connecticut Bar Association
Hartford County Bar Association

Community Involvement

Greater Hartford Legal Aid Foundation, Inc.: Treasurer
Connecticut Supreme Court Historical Society: Board of Directors

Experience

Appellate

Successfully Defended Appeal of Denial to Compel Arbitration

Successfully defended appeal of district court denial of motion to compel arbitration in appeal to Second Circuit.

Obtained Dismissal of IDEA Appeal

Obtained dismissal of IDEA appeal for failure to exhaust administrative remedies and obtained affirmance on appeal to Second Circuit.

Obtained Dismissal of Appeal With No Meritorious Issue for Appeal

Obtained dismissal of appeal, after briefing, where Second Circuit determined that the appeal presented no meritorious issue for appeal.

Successful Dismissal of Appeal for Want of Standing

Secured dismissal of appeal for want of standing in Christophersen v. Christophersen, 150 Conn. App. 174 (2014).

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Business tort/commercial litigation

Successfully Obtained Order Dismissing Complaint in Identity Theft Case

Obtained order dismissing complaint brought by person claiming negligence, unfair trade practices and HIPPA violations arising out of alleged failure to obtain sufficient identification of patient in case of identity theft.

Represented Connecticut Hospital System in Misdelivered Medication Case

Represented Connecticut hospital system in defending privacy claim arising out of misdelivered medication. Resolved at the pleading stage.

Awarded Summary Judgment in High Stakes Case for Global Technology Research and Advisory Firm

Awarded summary judgment, affirmed by a unanimous decision of the Connecticut Supreme Court, on behalf of a global technology research firm who was sued for defamation and unfair trade practices. The plaintiff alleged, in substance, that statements made by our client in a research report were defamatory and motivated by a “pay-to-play” business model which rewarded vendors who purchased substantial services from our client and punished those who did not. After the trial court granted our motion for summary judgment dismissing the lawsuit, the plaintiff appealed. The Connecticut Supreme Court unanimously affirmed the trial court’s dismissal, holding that the statements in the report were non-actionable expressions of opinion, and that no credible evidence existed to support the pay-to-play argument made by the plaintiff.

Copyrights

Federal Copyright, Trade Dress and Trademark Infringement Action

Represented world-wide manufacturer of specialty cases in a federal action against former distributor alleging copyright, trade dress and trademark infringement.

Settled Copyright infringement Case Prior to Trial

Represented artist/designer/manufacturer of model railroad equipment in suit against a national collectible marketing firm and its partner for copyright infringement and deceptive and unfair trade practices. The case was settled prior to trial on terms that are confidential.

Resolved Copyright Infringement Dispute

Represented artist-painter in copyright infringement claim against former client. The dispute was resolved prior to instituting lawsuit.

Patents

Prosecution of Patent Infringement

Patent infringement action by Schick against Gillette related to a patent for the mechanism involved in docking a disposable razor cartridge to the razor handle.

Patent Counseling

Successfully counseled healthcare client in managing potential infringement issues and avoiding litigation arising out of a suite of patents governing treatment technology.

Defense of Patent Infringement Claims

Represented national specialty pharmacy in defense of patent infringement and related claims directed at a health care service.

Patent Infringement Representation

Represented a manufacturer and owner of patented technology for a mechanical awning device.

Trademarks

Trademark and Trade Dress Infringement Case

Represented manufacturer in an injunction action for trademark and trade dress infringement brought to restrain a competitor from copying the design of electronic components. Competitor agreed to completely redesign infringing parts and to pay attorneys' fees.

Defense of Trademark Infringement Case Brought by Foreign Manufacturer

Defense of a trademark infringement action brought by a foreign manufacturer against an American distributor who owned the marks. Successful representation of client (including recovery of punitive damages) in subsequent jury trial on claim of breach of an oral distribution agreement.

General

Successful Affiliation of Two Major Healthcare Organizations

A team of Shipman & Goodwin attorneys, led by Joan Feldman, assisted Lawrence + Memorial Hospital in the negotiation of its affiliation with Yale New Haven Health, and jointly represented both L+M Corporation and Yale New Haven Health in obtaining all the needed regulatory approvals from the State of Connecticut to complete the transaction, including certificate of need approval from the Office of Health Care Access for the system affiliation and the combination of the affiliated medical foundation. The affiliation process extended over an eighteen-month period with many complex regulatory hurdles, along with coordinated corporate, transactional, labor and employment, and environmental legal counsel.

October 9, 2024