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
Winning Patents! Patents we prosecuted resulted in our client, Conformis, obtaining a $10.5 million Settlement. More…
14 Sunstein attorneys named to the Super Lawyers and Rising Stars 2018 roster. More…
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 2019.
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
Companies may not be restricted from using a competitor’s trade name as a keyword that enables a consumer to find their advertising on the web, says the FTC. More...
Copyright law continues to throw up hurdles for those who would resell digital music. An effort to create a secondary market in downloads has been found wanting. More...
New legislation refreshes copyright law for our music-streaming world, facilitating blanket licenses and streamlining royalty obligations. More...
Two recent decisions illustrate the Federal Circuit’s ongoing expansiveness in finding software inventions patent-eligible. Data Engine Tech. v. Google / Ancora Tech. v. HTC America. More...
Proposed guidelines for PTO examiners would reflect the Federal Circuit’s growing liberality regarding patent eligibility. More...
New guidelines spell out key considerations for examination of patent applications directed to computer-related inventions. More...
A revision of Canada’s trademark law introduces changes you should know about. More...