Client Successes

Fierce Advocates

In presenting this gift of Samurai armor to Marshall, Gerstein & Borun LLP, a grateful client explained that he chose the gift because Marshall Gerstein’s team of trial lawyers had “represented him as loyally and fiercely as any Samurai warrior.” Also, he added, he feared he could not have carried an actual Samurai sword through the building security.

Our client, a pioneer in reconstructive surgery, invented a revolutionary device known as a differential tissue expander. This balloon-like device, when implanted beneath the skin and inflated in stages over time, permitted a surgeon to expand a patient’s skin—in fact prompting the body to grow new tissue—for use in reconstructing adjacent wounds or defects. The invention, for the first time, permitted surgeons to tailor this skin expansion to more easily perform truly anatomic surgical reconstructions.

A professor of surgery who had devoted his career to academic medicine, the client faced the deliberate infringement of his patent by one of the largest manufacturers of these silicone devices. Despite relentless assaults by the defendant and its expansive team of attorneys, we did not waver, shrink or give ground. Through such tenacity, we successfully achieved a highly favorable result for the client.

Whether our client is an individual or corporation, patentee or defendant, we approach each engagement with the same commitment, the same fierce dedication, the same tenacity and the same focus and resolve which prompted this particular grateful client to liken us to Samurai warriors.

IPR Win for ACCO’s ClickSafe® Locks

Marshall Gerstein successfully represented ACCO Brands Corporation and ACCO Brands USA LLC in Inter Partes Reviews (IPR) before the Patent Trial and Appeal Board (PTAB), appeal of that decision to the U.S. Court of Appeals for the Federal Circuit, and in related infringement litigation in the Eastern District of New York, in which Think Products accused ACCO’s ClickSafe® line of computer locks of infringing two Think Products patents.

Marshall Gerstein petitioned for IPR of each asserted patent, arguing that the Think Products patents were obvious over combinations of prior-art references, and anticipated by a published video disclosing the accused ClickSafe® product.

In both IPRs, the PTAB ruled in favor of ACCO on all grounds of review, cancelling all challenged claims of the patents, and these decisions were upheld on appeal to the Federal Circuit.