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.
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.
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. . .
Sunstein wins $14.6M in patent infringement jury trial for Exergen Corporation. More. . .
Our Latest Thinking
PTAB Alert- Strategies for pursuing inter partes review (IPR) must be rethought now that the Supreme Court has required the Patent Trial and Appeal Board (PTAB) either to institute an IPR against all claims challenged by the petitioner or to deny institution altogether. More...
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...
Recent Federal Circuit decisions point to patent-drafting techniques that can redeem biopharma inventions from eligibility challenges. More...
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...