We Get Through to Juries in Patent Trials

We try cases in all areas of intellectual property. For the special challenges of patent litigation, our team crafts a guiding strategy that is adjusted to exploit opportunities that arise, pursues collaboration with outstanding experts, and makes a ceaseless effort to turn complex technology and tangled testimony into a winning narrative.

Here is a sampling of favorable results we have secured for our clients.

Exergen Corporation v. Kaz USA, Inc.

United States District Court for the District of Massachusetts

Sunstein obtained a verdict of $14.6 million after a two-week jury trial for infringement of Exergen’s patents for temporal artery thermometers.  The jury found infringement and confirmed the validity of every one of the twelve asserted patent claims, and awarded both lost profits and a reasonable royalty.

Ariad Pharmaceuticals, Inc., Massachusetts Institute of Technology, The Whitehead Institute for Biomedical Research, and The President and Fellows of Harvard College v. Eli Lilly and Co.

United States Court of Appeals for the Federal Circuit
United States District Court, District of Massachusetts

Sunstein worked with a New York firm to obtain a $65 million jury verdict for Ariad Pharmaceuticals, Inc. The verdict, finding Eli Lilly and Company liable for patent infringement, was the largest in Massachusetts that year.

The legal team presented weeks of complex evidence on various aspects of patent law, including infringement, inducement and validity. The jury learned about Ariad’s pioneering research and discovery of methods of treating disease by regulating NF-kappaB cell signaling activity.

Witnesses included experts in molecular biology and two Nobel prize-winning scientists. After the jury trial, we participated in a bench trial on inequitable conduct, in which Ariad again prevailed. On appeal, the trial court’s judgment was reversed in part and affirmed in part.

Comair Rotron v. Nippon Densan Corporation and Nidec Corporation

United States District Court, District of Connecticut

We successfully negotiated a multimillion-dollar settlement on behalf of our client, Comair Rotron, following a jury verdict that our client’s patent was infringed. The patent was directed to important magnetization technology for brushless DC electric motors. Professors from MIT served as technical expert witnesses for both sides.

The case had been dismissed before trial, but we obtained a decision by the United States Court of Appeals for the Federal Circuit reversing the trial court’s summary judgment determination and remanding the case to the District Court for trial.

B. Braun Medical, Inc. v. Abbott Laboratories

United States Court of Appeals for the Federal Circuit
United States District Court for the Eastern District of Pennsylvania

Sunstein won a verdict for Abbott Laboratories, defeating a $30 million patent infringement claim relating to intravenous valve devices. We relied on a leading expert in valve design to convince the jury that our client’s valve did not infringe the asserted patent. The jury also concluded that Braun was guilty of patent misuse and as a result equitably estopped from enforcing its patent against Abbott.

We successfully defended the jury verdict and judgment of non-infringement on appeal before the Federal Circuit Court of Appeals.

Read more about our experience in patent litigation.