Juries. Patents. Success.
Comair Rotron, Inc. v Matsushita Electric Corp. of America
We obtained a $25 million judgment against industry giant Panasonic for willful infringement of our client Comair’s patents on fans for electronic equipment.
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.
Gates Formed-Fibre Products, Inc. v. Delaware Valley Corp.
By persuading a jury that the patents in suit were invalid, we successfully defended our client against accusations of infringement concerning a process for making fused-back automotive carpeting.
Winning at Post Grant Proceedings
Samsung Electronics Co., Ltd. v. Arendi S.A.R.L.
Samsung attacked our client’s patent in the Patent Trial and Appeal Board (PTAB) on grounds of obviousness. We persuaded the PTAB that an element of the claims was not disclosed by the cited references and thus prevented the inter partes review from even being instituted.
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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.
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. . .
Sunstein wins $14.6M in patent infringement jury trial for Exergen Corporation. More. . .
Bruce Sunstein, Kerry Timbers, Lisa Tittemore, Lawrence Green named to Best Lawyers in America©, 2018 list. 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 Latest Thinking
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...
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...
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...
