Bob Kann is a partner at Sunstein. Bob has tried patent and copyright infringement cases to juries in federal court and has argued appeals before the Court of Appeals for the Federal Circuit. Bob has wide-ranging trial and appellate experience in both federal and state courts. He also has handled litigation involving trademarks, trade secrets, trade dress, non-competition agreements, breach of license, and commercial and business disputes. Bob’s cases have involved diverse technologies including digital subscriber lines, interactive television, medical products, computer-aided design and drafting software, electronic components, electric motors, and computer hardware.
- Successfully defended a client accused of infringing a patent for a process for fusing fibers. After a four-week trial, the jury found the patent to be invalid, thereby denying the patentee its claim for $36 million in damages. Successfully argued and defended the jury’s verdict before the Court of Appeals for the Federal Circuit.
- In an appeal argued to the Federal Circuit, he obtained a reversal of a jury verdict of patent infringement. The patent owner had claimed infringement by our client’s software. The Federal Circuit agreed with our position that the trial court erred in its claim construction and reversed the infringement ruling on the ground that the claims, properly construed, were not infringed. The case also involved significant copyright and license issues.
- Was a member of the successful trial team that secured a $25 million judgment for willful patent infringement and that successfully defended it on appeal. The case involved a patent on the magnetization pattern of a rotor for an electric motor.
- On the trial team that secured a jury verdict for defendants defeating an $11.5 million patent infringement claim relating to intravenous valve devices.
- Negotiated a multimillion dollar settlement on behalf of a client following a jury verdict that our client’s patent was infringed. The case had been earlier dismissed before trial, but we successfully 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.
- As lead counsel, obtained injunctions on behalf of clients against trademark infringement and violation of trade secret and non-competition agreements. He also has defended clients against parties seeking such relief. These cases typically involve expedited discovery and consolidation of trial with the injunction hearing.
Professional and Community Involvement
- Bob has received the highest peer review rating by Martindale-Hubbell, based on a survey of other lawyers and judges in the community.
- Bob was named to 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. 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.
Bar and Court Admissions
- Bob is a member of the bars of Massachusetts, Florida, the U.S. District Courts for the Districts of Massachusetts and Florida, the U.S. Court of Appeals for the First Circuit, Fifth Circuit and Federal Circuit, and the U.S. Supreme Court
*The Martindale-Hubbell Peer Review Icon is a service mark of Reed Elsevier Properties Inc., used under permission from Reed Elsevier Properties Inc. in accord with the terms and conditions established by Martindale-Hubbell.