• 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.

FairWarning IP, LLC v. Iatric, Inc.; FairWarning IP, LLC v. CynergisTek, Inc.

In both the District Court and at the Federal Circuit Court of Appeals, Sunstein successfully defended clients Iatric and CynergisTek against claims of patent infringement relating to software for detecting fraud and misuse of protected health information, obtaining judgments of patent invalidity under Section 101.

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

  • Lisa Tittemore, SUNSTEIN Litigation Group Co-Chair, was a member of the committee that drafted extensive revisions to Local Rule 16.6, adopted by the U.S. District Court for D.MA effective June 1, 2018.  It is anticipated that the new rule will make the court a more appealing venue for patent litigation.

  • SUNSTEIN’s Federal Circuit Win in Exergen: Diagnostic Patents Survive Eligibility Challenge

    This is the first Federal Circuit decision upholding the patentability of a diagnostic patent since the Supreme Court struck down a diagnostic invention on patent eligibility grounds in Mayo v. Prometheus in 2012. More. . .  Law360 Article

  • SUNSTEIN has been named a Tier 1 firm in Boston for Litigation – Intellectual Property by U.S. News – Best Lawyers® “Best Law Firms” in 2018.

  • SUNSTEIN has been named a Recommended Firm by Chambers® in 2018.

     

  • Congratulations to our client Draper Laboratory for multiple awards for patents at the BPLA’s “Invented Here!” program. We are proud that Sunstein attorney George Jakobsche prosecuted the patents for Draper. More. . .

  • Sunstein successfully represented long-time client ’47 before USPTO’s TTAB preventing adversary’s registration of a 47 in a circle.  Read more here.

  • Congratulations to our client, the Broad Institute, on its Patent Trial and Appeal Board victory involving its patents for CRISPR gene-editing technology! We are pleased to have played a role in this victory. More. . .

  • Robert Asher wins Federal Circuit decision that issued a rare reversal of a PTAB patent invalidity decision and limited the discretion of the PTAB. More. . .

  • Bruce SunsteinKerry TimbersLisa TittemoreLawrence Green named to Best Lawyers in America©, 2018 list. More. . .

  • Lisa Tittemore, Kathy Williams, Ph.D.Dorothy Wu Chiang, Amy DeCloux, Ph.D., and Sharona Sternberg were named to the list of “Top Women Attorneys in Massachusetts” in Boston magazine.

Our Latest Thinking

  • W. John Keyes, Ph.D., J.D.Robert M. Asher

    The Federal Circuit has opened the door to eligibility-based challenges in IPR proceedings, at least where mental steps can be defined as the processing of patent-ineligible information. Praxair v. Mallinckrodt More...

  • Lawrence M. Green

    The Supreme Court says the Patent Act, which generally extends only to conduct occurring within the U.S., allows for enforcement of a U.S. patent against one specific overseas activity—the supplying of U.S.-made components to be assembled overseas in an infringing device. More...

  • Alexander J. Smolenski, Jr.

    A PTO memorandum, relying on a recent Federal Circuit decision, provides the life sciences industry with guidance on how to qualify method-of-treatment claims as patent-eligible subject matter. More...

  • Amy DeCloux, Ph.D., J.D.

    The recently signed Right to Try Act enables terminally ill patients to try experimental drugs that have completed Phase I testing but have not been approved by the FDA. It adds but little to existing “compassionate use” programs. More...

  • Steven A. Abreu

    A new study correlates companies’ pursuit of trademark registrations with the growth of their businesses. More...

  • Thomas C. Carey

    California’s new data privacy law requires many of the same protections that recently took effect in the EU. More...

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