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 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. . .
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. . .
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
Our firm is represented on the committee drafting new rules to streamline patent litigation in the District of Massachusetts. A key goal is to make that court a more appealing venue for patent owners seeking to enforce their rights. More...
Recent Federal Circuit decisions dispel the gloom that owners of software inventions felt after the Supreme Court’s decision in Alice (2014). Increasingly, software patents are surviving the requisite eligibility analysis. More...
Congressional tax legislation directly affects the eligibility of patents for favorable treatment as capital assets. More...
Take proceedings before the Trademark Trial and Appeal Board seriously. You might be precluded from relitigating in court any issues decided by that tribunal. More...
PTAB Alert: Disclaiming your vulnerable patent claims can potentially protect your core claims against validity challenges in the PTAB. More...
PTAB Alert: When the Federal Circuit remands your case back to the PTAB, be prepared to move quickly and smartly. More...
PTAB Alert: On rare occasions, the Patent Trial and Appeal Board will reconsider its decision declining to institute an inter partes review (IPR). It helps if you can show that the judges misapplied a relevant legal doctrine. More...