Lisa M. Tittemore

Lisa M. Tittemore

Partner, Litigation Chair

t:
617-443-9292, ext 274
f:
617-443-0004
e:
ltittemore@sunsteinlaw.com
Washington College of Law
J.D., summa cum laude
Tufts University
B.A., cum laude

Awards

  • Lmt-best-lawyers-2020
  • Martindale Hubbell-Preeminent-Badge

Education

  • Washington College of Law J.D., summa cum laude
  • Tufts University B.A., cum laude

Profile

Lisa Tittemore is a partner at Sunstein and the Chair of the Litigation Practice. Lisa is a seasoned litigator, serving as lead counsel in patent, trademark and copyright litigation in federal courts throughout the United States. Lisa has extensive experience in intellectual property matters, providing strategic counsel to clients on both domestic and international issues and guiding the firm’s efforts in protecting and enforcing clients’ valuable brands and ideas. Lisa is a member of the firm’s Executive Committee.

Experience

  • Litigates patent, copyright, trademark, trade dress and other business disputes; representative cases include:
    • Sage Therapeutics, Inc. v. Sage Naturals, Inc., United States District Court for the District of Massachusetts, (represented plaintiff Sage Therapeutics, a biopharmaceutical company, in trademark dispute; defendant changed its name to Sira Naturals)(lead attorney)
    • FairWarning IP, LLC v. Iatric, Inc.; FairWarning IP, LLC v. CynergisTek, Inc., United States Court of Appeals for the Federal Circuit, United States District Court for the Middle District of Florida (represented defendants Iatric and its customer CynergisTek in obtaining CAFC affirmance of dismissal of lawsuits due to patent invalidity) (lead attorney, both cases)
    • Lennon Image Technologies, LLC v. L’Oréal USA, Inc., United States District Court for the Eastern District of Texas Marshall Division (represented defendant L’Oreal USA, Inc. when it was sued for patent infringement by Lennon Image Technologies, LLC) (lead attorney)
    • Crutchfield Corp. v. Focusrite PLC, Focusrite Novation Inc., Focusrite Audio Engineering Limited, United States District Court for the Western District of Virgina Charlottesville Division (represented defendant Focusrite, a global music and audio products, defending against patent infringement claims by Crutchfield Corporation) (lead attorney)
    • Cinsay, Inc. v. Wirewax U.S., Inc., United States District Court for the Northern District of Texas Dallas Division (represented defendant Wirewax U.S., Inc. in patent lawsuit brought by Cinsay, Inc.; we filed a motion to dismiss the suit in light of patent invalidity pursuant to 35 U.S.C. § 101 and case was dismissed by stipulation of the parties prior to the motion being decided) (lead counsel)
    • Metabolix, Inc. v. International Paper Company, United States District Court for the District of Massachusetts (represented plaintiff Metabolix, exclusive licensee of patent for polylactic acid-based blends) (lead attorney)
    • Romek Figa d/b/a Abraham & Son v. Apple, Inc., United States District Court for the District of Massachusetts (represented plaintiff Romek Figa, enforcing patent for automatic incoming telephone call originating number and party display system); Romek Figa d/b/a Abraham & Son v. High Tech Computer Corp., a/k/a HTC Corp. HTC America, Inc., and Exedea, Inc., United States District Court for the District of Massachusetts; Romek Figa d/b/a Abraham & Son v. Sony Ericsson Mobile Communications (USA), Inc. and AT&T Mobility LLC., United States District Court for the District of Massachusetts (lead attorney, all cases)
    • Softspikes, LLC et al. v. MacNeill Engineering Company, Inc. and Trisport, Ltd. et al. v. MacNeill Engineering Company, Inc. et al., United States District Court for the District of Delaware (represented MacNeill Engineering in two suits involving 3 MacNeill patents and defending against 5 other patents, concerning golf cleats and receptacles)
    • Fotomedia Technologies, LLC v. Fujifilm USA et al., United States District Court for the Eastern District of Texas (defended MyPublisher, Inc., one of numerous defendants in suit brought by NPE, against patent for method and system for creating messages including image information; resolved after patent narrowed in re-examination) (lead attorney)
    • AOL, LLC, Time Warner, et al. v. NameMedia, Inc., United States District Court for the Eastern District of Virginia (represented defendant against claims of trademark infringement, cybersquatting; resolved after successful motion practice on numerous issues, including reverse domain name hijacking counterclaim, an issue of first impression) (lead attorney)
    • First Act Inc. v. Brook Mays Music Company, Inc., United States District Court for the District of Massachusetts ($20.7 million jury verdict, represented plaintiff in false advertising and commercial disparagement lawsuit)
  • Counsels clients regarding development and enforcement of trademark portfolios, including global pharmaceutical, software, retail, apparel, and consumer products companies, including:
    • ’47 Brand, LLC v. Contrast Imports, Inc., USPTO, Trademark Trial and Appeal Board (we represented ’47, a premium sportswear and lifestyle brand, in opposing Contrast Imports’ application to register a 47 in a circle; opposition sustained by the TTAB) (lead counsel).
    • Vertex Pharmaceuticals Incorporated v. Hercules Brand Corp., USPTO, Trademark Trial and Appeal Board (we represented Vertex in successful opposition to the mark VERTOX in trial proceedings before the TTAB) (lead counsel).
    • Prosecution trademark applications before the United States Patent and Trademark Office (USPTO); opposition proceedings and argument before the USPTO Trademark Trial and Appeal Board
    • Working with international network of attorneys on prosecution and enforcement of trademark applications and registrations, including matters before the European Office for Harmonization in the Internal Market (OHIM) and other jurisdictions.
    • Significant experience advising clients on pharmaceutical trademarks. Presents frequently on the topic, see, e.g., slides regarding the USPTO and FDA drug name approval process.

Professional and Community Involvement

  • Member of the Boston Bar Association Council. Numerous leadership positions within the BBA, including Co-Chair, Litigation Section.
  • Past-President, Federal Bar Association, Massachusetts Chapter.
  • Recognized by World Trademark Review as a recommended individual (2013-2018).
  • Publishes frequently on the topic of intellectual property protection. Author of practice guide “Protecting and Enforcing Copyright” (MCLE, Inc., 3rd Edition).
  • Performs significant pro bono work, including representation of GoodWeave. GoodWeave’s founder Kailash Satyarthi, was a co-recipient of the 2014 Nobel Peace Prize. GoodWeave’s mission is to end child labor in the carpet industry and offer educational opportunities to children in weaving communities. Lisa is also a panel member for the Volunteer Lawyers for the Arts Legal Referral Program and has provided pro bono legal services to artists and artisans.
  • Initiated the firm’s involvement in Citizen Schools 8th Grade Academy; over a decade working as a tutor of students in Boston Public Schools.
  • Participates in mentoring activities, including with Women’s Bar Association of Massachusetts, Tufts Lawyers Association.

Bar and Court Admissions

  • Member of the American Bar Association, American Intellectual Property Law Association, Boston Bar Association, Boston Patent Law Association, Federal Bar Association, International Trademark Association, Massachusetts Bar Association, Pharmaceutical Trademarks Group, Women’s Bar Association of Massachusetts and Women in Bio.
  • Member of the bar of the Supreme Judicial Court of Massachusetts, and the bars of the United States Courts of Appeal for the First and Federal Circuits, the United States District Courts for the District of Massachusetts, the Eastern District of Wisconsin, and the Eastern District of Texas.

Honors

  • Selected by her peers for inclusion in Best Lawyers in America® 2017-2020 in the field of Intellectual Property – Litigation.
  • Included on the Super Lawyers® list in the practice area of intellectual property litigation 2004-2018 in Massachusetts, a list limited to the top 5 percent of attorneys in each region. Lisa was also named to the Top 100 Attorneys list and the Top 50 Women Attorneys list in Massachusetts and New England 2018. The attorneys featured in Super Lawyers were selected by their peers in an extensive nomination and polling process conducted by the research team at Super Lawyers, a service of Thomson Reuters and seen in a special advertising section in Boston magazine.
  • Lisa was chosen as one of the year’s Women Leaders in Law, an honor that was recognized in the Fall 2014 issue of Fortune Magazine.
  • Selected for inclusion in the Martindale-Hubbell® Bar Register of Preeminent Women Lawyers™. Fewer than 5% of women lawyers have been recognized with an AV Preeminent Rating.
  • Received the highest peer review rating by Martindale-Hubbell, based on a survey of other lawyers and judges in the community.
  • Selected as a 2010 “Top Women of the Law” honoree by Massachusetts Lawyers Weekly.
  • Awarded the BBA’s Children and Youth Outreach Leadership Award for outstanding commitment to the Boston Bar Association and Boston’s young people.

Publications

New Local Rule May Speed Up Patent Cases and Attract More Litigation to Massachusetts

New Local Rule May Speed Up Patent Cases and Attract More Litigation to Massachusetts

The Name Game: The USPTO and FDA approval process for the selection and protection of new drug names.

The USPTO and FDA Drug Name Approval Process

The USPTO and FDA Drug Name Approval Process

Trademark Rights in a Global Economy

Trademark Rights in a Global Economy

Trademark Rights in a Global Economy: Protection and Enforcement of Famous and Well-Known Marks

Trademark Rights in a Global Economy: Protection and Enforcement of Famous and Well-Known Marks

Hot Topics in Trademark Law: Trademark Rights in A Global Economy – Protection and Enforcement of Well-Known and Famous Marks

Hot Topics in Trademark Law: Trademark Rights in A Global Economy – Protection and Enforcement of Well-Known and Famous Marks

Sentences of Pirate Bay Founders Are Confirmed, But They May Avoid the Brig

Sentences of Pirate Bay Founders Are Confirmed, But They May Avoid the Brig

Intellectual Property Overview

Intellectual Property Overview

With Supreme Court Deadlock, Cloud Lingers Over Gray Market Goods

With Supreme Court Deadlock, Cloud Lingers Over Gray Market Goods

Copyright Decision Deals Crippling Blow to Infringer: Decorative Furniture Not Merely Functional

Copyright Decision Deals Crippling Blow to Infringer: Decorative Furniture Not Merely Functional

Museum Conflict Clarifies Rights of Artists

Museum Conflict Clarifies Rights of Artists

“Ongoing Royalties” for Post-Verdict Patent Infringement

“Ongoing Royalties” for Post-Verdict Patent Infringement

Judge Urges – No, Implores — Congress to Amend the Copyright Act: When Might Sharing Digital Music Be Fair Use?

Judge Urges – No, Implores — Congress to Amend the Copyright Act: When Might Sharing Digital Music Be Fair Use?

The Controversy Over “Ongoing Royalty” Awards in the Evolving Landscape of Remedies for Patent Infringement

The Controversy Over “Ongoing Royalty” Awards in the Evolving Landscape of Remedies for Patent Infringement

Federal Circuit Holds Litigants to Strict Evidentiary Standards in Proving Patent Infringement Damages

Federal Circuit Holds Litigants to Strict Evidentiary Standards in Proving Patent Infringement Damages

Baseball Manager Sues Social Networking Site: Don’t Twitter, Tweet, or Otherwise Cheat Me

Baseball Manager Sues Social Networking Site: Don’t Twitter, Tweet, or Otherwise Cheat Me

Other Pirates in the News: Copyright Infringers in Sweden Head for the Brig

Other Pirates in the News: Copyright Infringers in Sweden Head for the Brig

A First Amendment Right to Peter and the Wolf? Restoration of Copyright for Works of Foreign Authors in Doubt

A First Amendment Right to Peter and the Wolf? Restoration of Copyright for Works of Foreign Authors in Doubt

What a Shame: When Artist and Museum Fight, No One Wins

What a Shame: When Artist and Museum Fight, No One Wins

Protecting and Enforcing Copyright

Protecting and Enforcing Copyright

Siegel et al. v. Warner Bros. Entertainment, Inc., et al., United States District Court, Central District of California

Siegel et al. v. Warner Bros. Entertainment, Inc., et al., United States District Court, Central District of California

Year in Review: Trademarks in 2007

Year in Review: Trademarks in 2007

Lessons from Grokster: Avoiding Liability for Inducing Copyright Infringement

Lessons from Grokster: Avoiding Liability for Inducing Copyright Infringement

Guarding the Goods

Guarding the Goods

An Assessment of the New European Community Design Law

An Assessment of the New European Community Design Law

Effect of European Union Enlargement on Community Trademark Law

Effect of European Union Enlargement on Community Trademark Law

Don’t Trade Your Rights Away

Don’t Trade Your Rights Away

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