• Home Interface Controller

    Sunstein has prosecuted a portfolio of patents devoted to the emerging industry of interactive television. Our client ICTV has developed technology that enables cable television subscribers to receive video programming that allows them to interact with their television to play games, videos and music on demand; browse news, sports and weather; and view targeted interactive advertising.

  • Molecular Diagnostic System

    We obtained the patent for Source Precision Medicine’s molecular diagnostic system that measures cellular gene expression with significant precision to assess and track an individual’s current health, disease status and response to drug therapy, potentially a foundation for the future practice of medicine.

  • Acoustic Analysis of Bone

    Patents prosecuted by Sunstein protect technologies, including transient signal processing techniques developed by the Metra Biosystems division of Quidel Corp., that are used in compact ultrasonic devices to measure bone density as an aid in detecting osteoporosis.

  • Magnetization Technology

    Sunstein successfully negotiated a multi-million dollar settlement on behalf of Comair Rotron, following a jury verdict that our client’s patent was infringed. The patent was directed to important magnetization technology for brushless DC electric motors.

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

  • 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.

  • Steve Abreu named Co-chair of the Trademark Group, joining Co-chair Lisa Tittemore. More. . .

  • 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. . .

  • Bruce Sunstein, David Kappos (former Director of USPTO) and Robert Armitage (principal architect of the America Invents Act) lead a conference on RESTORING THE PATENT SYSTEM: Countering Supreme Court Attacks on What Can Be Patented. Audio & Slides

  • 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. . .

  • Sunstein wins $14.6M in patent infringement jury trial for Exergen Corporation. More. . .

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

Our Latest Thinking

  • Robert M. Asher

    PTAB Alert- The PTAB’s proposal to apply to IPRs the same claim construction standard used in federal litigation offers many benefits, but it may complicate validity challenges to indefinite claims. More...

  • Thomas C. Carey

    Litigation between two titans concludes with a holding that Sun’s application programming interfaces (APIs) are protectable by copyright and that Google’s copying them in order to clone the Java platform for purposes of its Android operating system was not fair use. More...

  • Bruce D. Sunstein

    Recent Federal Circuit decisions point to patent-drafting techniques that can redeem biopharma inventions from eligibility challenges. More...

  • Amelia G. Pennington

    Courts have grappled with whether federal warrants that target, for example, a Microsoft customer’s e-mail account, extend to digital information stored outside the US. New legislation will gladden law enforcement investigators. More...

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