Sunstein’s trial team won a jury verdict for our client Exergen, resulting in a $16 million judgment against Kaz, the maker of consumer products sold under the Vicks and Braun brands. Despite Kaz’s multiple challenges to the twelve patent claims asserted by Exergen, the jury upheld the validity of all of them, and found that the forehead thermometers sold by Kaz infringed those claims. Exergen is a Watertown, MA-based manufacturer and seller of thermometers for both the professional and consumer markets.
$16 million judgment
Sunstein scored a victory on behalf of its client Arendi by obtaining a reversal of a PTAB decision that had invalidated Arendi’s patent. The court warned against using so-called common sense as a wholesale substitute for reasoned analysis to show how prior art combined with extraneous knowledge or insight might invalidate a patent claim. The Federal Circuit reversed the PTAB’s finding of unpatentability outright rather than remand the case for further consideration because it found no evidence in the record to suggest that Arendi’s technique was obvious.
In this pair of patent litigations, Sunstein defended MacNeill Engineering against claims of infringing five patents owned by related companies Softspikes and Trisport. In the first litigation Sunstein obtained favorable claim construction rulings that forced Softspikes to drop one of the two patents it had asserted against MacNeill. Faced with these setbacks and a counterclaim for infringement of three of MacNeill’s own patents with a substantial claim for damages, the plaintiffs agreed to a settlement and dismissed their cases.
We obtained a win for our client American Science and Engineering in an interference proceeding against its competitor Rapiscan Systems. Interference proceedings are instituted before the Patent Trials and Appeals Board to establish priority of inventorship, because, for US patent applications filed prior to March 16, 2013, rights are awarded to the first inventor, irrespective of who first filed a patent application. For more recent applications, early filing is of increased importance. AS&E’s invention concerns backscatter x-ray technology.
Sunstein represented Baystate Technologies in obtaining a reversal of a jury verdict of patent infringement. The patent owner claimed infringement by Baystate’s template, for use with a “digitizer” attached to a computer to assist in operating computer-aided design 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.
Sunstein obtained a confidential settlement of our client’s claims for infringement of a patent covering software for generating color-coded labels after winning summary judgment on defendant’s “intervening rights” defense. GBS had raised this defense on the grounds that EDP’s patent claims, amended during a reexamination proceeding (in which the firm represented EDP), were not substantially identical to the corresponding claims in the original patent. The Court held that the amendment of EDP patent claims during reexamination did not change their scope and that GBS would not be permitted to avoid damages for its alleged infringement of these claims before issuance of the Reexamination Certificate. See Engineered Data Products, Inc. v. GBS Corp., Slip Copy, 2007 WL 915783 (D.Col. 2007)
Trial strategy is our constant focus. Our trial lawyers have won multi-million dollar recoveries, obtained emergency injunctive relief, and successfully defended bet-the-company cases. Our deep knowledge of patent and trademark law, technology and science enables us to deliver the results that advance our clients’ business goals. We have had equal experience and success in bringing trade secret and copyright matters to trial.
In federal and state courts nationwide, we represent our clients in a broad range of high-stakes commercial litigation as well.
We are ready to speak with you about your legal service needs. For full biographies and contact information please see our Attorneys pages.