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
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 successfully defended clients Iatric and CynergisTek in the District Court and Federal Circuit against claims of patent infringement relating to software for detecting fraud and misuse of protected health information. Sunstein litigation group obtained judgments of patent invalidity under Section 101.
Largest award in Massachusetts 2019
Sunstein won the appeal for Power-One which upheld a judgment of non-infringement. We also represented Power-One in Federal District Court in Massachusetts in this patent infringement action, which concerned power converters essential for providing a DC voltage to computers or other electronic equipment. Early in the litigation, we forced the plaintiff to narrow its claim brought against hundreds of millions of dollars in sales down to the limited sales of a particular series of power converters, and next forced the plaintiff to drop its claims for lost profits. We then obtained favorable claim construction and judgment of non-infringement as to the remaining series of power converters.
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