Patents. Juries. Success.
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.
Abbott Laboratories v Syntron Bioresearch, Inc.
In a case involving immunoassay technology, we obtained a jury verdict of patent infringement and a permanent injunction on behalf of Abbott Laboratories.
Our successful advocacy extends to patent reexaminations and interferences.
Winning at Post Grant Proceedings
Apple Inc., Google Inc., Motorola Mobility LLC v. Arendi S.A.R.L.
We won a rare Federal Circuit Court of Appeals reversal of an IPR decision of the Patent Trial and Appeal Board, which had invalidated our client’s patent claims. The Federal Circuit accepted our argument that the Board had improperly relied on a “common sense” observation to invalidate Arendi’s patent.
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
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
Sunstein wins $14.6M in patent infringement jury trial for Exergen Corporation. More. . .
CBS features Rocket Pocket’s technology; patent pending by SUNSTEIN. More. . .
Lisa Tittemore, Kathy Williams, Ph.D., Elizabeth Spar, 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 firm was cited as a key partner of our client Draper Laboratory by General Counsel Melinda Brown in Forefront Magazine. More. . .
Our patent client Conformis ranked #1 by IEEE for patent portfolio. More. . .
Our Latest Thinking
It used to be risky for a patent owner to lie in wait for several years before suing a suspected infringer. That risk is gone, now that the Supreme Court has struck down the laches defense to infringement suits.
The designs on cheerleader uniforms are not high art, but they have enough pictorial quality independent of the uniforms to qualify for copyright protection. The Supreme Court’s decision brings cheer to the fashion industry.
It’s easy for an accused infringer to say the asserted patent is an obvious combination of existing innovations. It’s much less easy, however, to prove that a motivation to combine existed, which is critical to an obviousness defense.