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.
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.
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. . .
Our Latest Thinking
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...
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...
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...
A new study correlates companies’ pursuit of trademark registrations with the growth of their businesses. More...
California’s new data privacy law requires many of the same protections that recently took effect in the EU. More...
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...