Sughrue Mion Scores Resounding Victory on behalf of client Dais Analytic in Patent Interference
Sughrue Partner, John Callahan, a well known IP litigator and seasoned attorney in the art of patent interferences, achieved a milestone victory on behalf of his client, Dais Analytic Corporation (Dais), a small nanotechnology polymer materials company. John represented Dais against United Technologies who copied the claims of Dais' patent and provoked the interference. The subject matter of the interference involved polymeric membranes that are used in heat and moisture exchanger cores.
After Sughrue filed several motions attacking UT on written description, enablement, Section 135(b) and benefit grounds, United Technologies filed motions and tried to maneuver around Sughrue's written description attack with a responsive motion adding new claims as they were an applicant. These tactics proved to be unsuccessful and the Board agreed with Sughrue that "hydrocarbon" means only hydrogen and carbon, and UT did not have support for a random hydrocarbon copolymer as their specification indicated that oxygen was also present in their copolymer.
John Callahan and his interference team also successfully argued that UT did not have support for a statistical copolymer. The Board held all of UT's claims unpatentable to them, thereby denying UT standing in the interference and resulting in judgment against UT.
The Sughrue team also included partner, Sunny Lee, and associates Kim Choate and William Childs.