• Segway® HT

    The core technology for self-balancing personal transporters, such as the famous Segway® HT Human Transporter, is protected by a portfolio of patents secured by Sunstein. Patented features make the Segway® HT intuitive to ride, control and steer.

  • Electric Motors

    Sunstein won, and defended on an appeal, a $25 million judgement for our client Comair Rotron, including a rare award of treble damages and attorney’s fees, based on the willfulness of the defendant’s infringement of a patent for technology that improves the operation and lowers the cost of manufacturing electric motors.

  • Pregnancy Test

    In federal court in San Diego, Sunstein won a judgement of validity and infringement of Abbott Laboratories’ patent for strip immunoassay technology technology used in pregnancy test kits.

  • Stirling Engine

    Stirling engines use externally applied heat to deliver clean, quiet power for a variety of applications. We have secured a portfolio of patents for New Power Concepts LLC that relate to mechanical components of Stirling cycle heat engines. One patent relates to the engine’s operating efficiency and durability, while significantly reducing size, complexity and cost.

Deep Patent & Trial Experience

Ariad Pharmaceuticals, Inc. v. Eli Lilly and Co.

We participated in the representation of Ariad, obtaining a $65 million jury verdict for infringement of our client’s patents for regulating NF-kappaB cell-signaling activity, the largest verdict in Massachusetts that year.

Exergen Corporation vs. Kaz, USA, Inc.

Sunstein lawyers won a $14.6M verdict for patent infringement following a two-week jury trial for our client Exergen, the people who pioneered the temporal artery thermometer.

Comair Rotron v. Nippon Densan Corporation and Nidec Corporation

After securing a judgment of patent infringement, we negotiated a multimillion dollar settlement for our client Comair Rotron. The patent was directed to important magnetization technology for brushless DC electric motors.

In disputes over brand names, we have also delivered major successes to our clients.

Winning at Post Grant Proceedings

Motorola Mobility LLC, Google Inc., and Apple Inc. v. Arendi S.A.R.L.

Motorola, Google and Apple attacked the same patent as Samsung raising several additional grounds. Our arguments carried the day and the inter partes review was not instituted, freeing our client’s patent for unfettered assertion in court.

Click here to learn more about Sunstein litigators.

Spotlight on Patents

A recent patent we obtained for our client Nexsan, of Santa Clara, CA,  U.S. Patent No. 9218406 covers a private cloud storage system in which security is maintained by storing the data on devices (sold under the Transporter brand) of  individual users.  Data is shared on a peer-to-peer basis.  A central  server governs access based on user privileges without storing any of  the shared data. This patent has issued in one of the fields in which recent court rulings have been propelling rapid evolution of the law.

In the News

Our Latest Thinking

  • Software inventions that improve computer functionality stand a better chance of passing the Supreme Court’s patent-eligibility test than software that merely implements well-known business practices.

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  • Due to the broad reach of assignor estoppel, a company that sells a patent will often be barred from challenging its validity if the company is later sued for infringing that patent.

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  • The Supreme Court has changed the calculus for litigants, making it easier for patentees who win at trial to recover enhanced damages, up to triple the amount awarded for infringement.

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  • In inter partes reviews (IPRs), the parties must be given the chance to argue the validity of a challenged patent claim in the wake of any new claim construction that the Patent Trial and Appeal Board develops during the course of the proceeding.

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  • Google copied 170 lines of Oracle’s code to enable the operability of Android apps on the popular Java platform. A jury has decided this was fair use under copyright laws.

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  • The First Circuit has adapted a VCR-era statute to protect the privacy of mobile phone subscribers.

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  • A trial court decision casts doubt on the value to retailers of “comprehensive” cybersecurity insurance policies. Some expensive consequences of a security breach may not be covered.

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