Experience

• Kerry has handled and had significant involvement in numerous complex patent litigations covering a wide range of technologies, including, for example:
  • computer operating system architectures
  • land-line, cell-phone and VOIP telephony systems and devices
  • pharmaceuticals
  • medical diagnostic devices
  • medical devices used in surgery and treatment
  • electromechanical devices
  • x-ray inspection systems
  • consumer-oriented products, especially plastics products and plastics manufacturing processes
• Recent and current representative cases include:
  • Ingenico Inc. v. IOENGINE, LLC, United States District Court of Delaware (Civil Action No. 18-826-WCB)
    Sunstein obtained a sweeping win in a jury verdict in a patent infringement lawsuit for Ingenico Inc., a global provider of point of sale payment terminals, software, and services. When non-practicing entity IOENGINE sued a key payments related customer alleging infringement of three patents, Sunstein initiated suit against IOENGINE, seeking declaratory judgment of noninfringement. Sunstein also filed multiple petitions for inter partes review (IPR), successfully invalidating over 150 of the patent claims in IOENGINE’s three asserted patents.
    
    The exhaustive discovery process included tens of thousands of documents, tracking down a defunct Israeli company, 20-plus depositions (including multiple depositions of third parties in Israel), and significant third-party discovery from other witnesses. Notably, Sunstein challenged the methodology by which IOENGINE’s damages expert calculated reasonable royalty damages, prompting the court to exclude that expert’s testimony. After four days of testimony, the jury found that all claims were either not infringed or were invalid.

• 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.
• ClassCo, Inc. v. Kyocera Int’l, Inc. et al., United States District Court for the District of Massachusetts (settled, representing defendants Pantech Company, Inc. and Pantech Wireless, Inc.. against patents for cell phone technology)
• Boston Scientific Corporation v. Cook, Inc. et al., United States District Court for the District of Massachusetts (ongoing, representing defendant Taewoong Medical Co., Ltd., against patents for endoscopic stents and stent delivery systems)
• Softspikes, LLC et al. v. MacNeill Engineering Company, Inc.
  Trisport, Ltd. et al. v. MacNeill Engineering Company, Inc. et al.
  United States District Court for the District of Delaware (settled after favorable Markman ruling; represented MacNeill Engineering in two suits involving 3 MacNeill patents and defending against 5 other patents, concerning golf cleats and receptacles)
• Kerry also has extensive experience in all aspects of trademark and copyright protection and litigation, representing nationally recognized firms in courts and before the Patent and Trademark Office and Trademark Trial and Appeal Board.
• Kerry also has significant involvement in shaping and implementing strategies for the protection, licensing, and enforcement of clients’ trademark portfolios.

Professional and Community Involvement

• He is a member of the Boston Bar Association, and has been Co-Chair of the Boston Bar Association Intellectual Property Litigation Committee, and the Co-Chair of the Boston Bar Association International Intellectual Property Law Committee.
• He is also a member of the Boston Patent Law Association, the American Intellectual Property Law Association and the International Trademark Association, and is a Master in the Boston IP American Inn of Court.
• He is a Fellow of the Litigation Counsel of America.

Honors

• Selected by World Trademark Review to the WTR 1000 list under Silver – Individuals: Enforcement and Litigation, and Bronze – Individuals: Prosecution and Strategy in 2023. The WTR 1000 is the only definitive guide dedicated to identifying the world’s leading trademark legal services providers.
• Selected by his peers for inclusion in The Best Lawyers in America® 2016–2023 editions in the field of Litigation – Intellectual Property.
• Recognized by Thomson Reuters, Super Lawyers® from 2004–2022 in Massachusetts.
  • Selected to the "Top 100: Massachusetts Super Lawyers" list (2014-2022)
  • Selected to the "Top 100: New England Super Lawyers" list (2014-2018)
• Recognized as AV Preeminent® by Martindale-Hubbell®.

Bar and Court Admissions

• He is admitted to the Massachusetts bar, as well as the bars for the U.S. Courts of Appeals for the First, Fourth and Federal Circuits and the U.S. District Courts in Massachusetts, Connecticut, Colorado, the Eastern District of Wisconsin and the Eastern District of Texas.