Stacy represents Brann & Isaacson’s business clients in civil and commercial litigation in federal and state courts and before administrative agencies. She has litigated patent, trademark, trade dress, copyright, and corporate cases in courts from Maine to California, before the Trademark Trial & Appeal Board, and in the International Trade Commission on behalf of the firm’s retail clients, including over a dozen of the 100 largest Internet retailers.
Stacy has co–authored amicus briefs for Internet retailers in leading patent cases in the United States Supreme Court and the Federal Circuit Court of Appeals, and law review articles on key issues in patent litigation. She also writes for the firm’s intellectual property blog, “IP Wise.” Recently, Stacy was named a “Rising Star” in Intellectual Property Litigation and Business Litigation by Super Lawyers Magazine. As described by a client in Benchmark Litigation:
Stacy Stitham is an excellent technical lawyer and helps us with discovery and case assessment in patent infringement cases, and Peter Brann helps in negotiating on our behalf both with patent holders and with our indemnitors. They are very practical, no-nonsense lawyers – how to mitigate risk and not get bogged down.
Before joining Brann & Isaacson, Stacy served as law clerk to United States District Judge John A. Woodcock, Jr. of the United States District Court for the District of Maine. Stacy has a keen interest in education and community service, and devotes much of her free time to teaching business law courses at Thomas College in Waterville, Maine, as well as serving on the board of directors of several state–wide non–profit organizations.
Stacy is a 5th generation attorney, whose family practiced law at a northern Maine firm for more than a century, and whose grandfather, great-grandfather, and great-great grandfather all served in turn as President of the Maine State Bar Association.
Harvard College (A.B., magna cum laude, 2002)
Harvard Law School (J.D., cum laude, 2005)
Senior Editor, Harvard Law School Environmental Law Review (2004 – 2005).
U.S. Supreme Court
U.S. Courts of Appeals for the First, Ninth, and Federal Circuits
U.S. District Courts for the Districts of Maine, Massachusetts, and Eastern District of Texas
Maine State and American Bar Associations
Super Lawyers® “Rising Star” (Intellectual Property Litigation), 2012 – 2016
Kenneth R. Clegg Award for Excellence for the applicant with the highest combined score on the Maine Bar Examination in his or her first attempt at passing a bar examination
“Alice’s Adventures in Oz: Revealing the Man Behind the Curtain,” 9 Akron Intell. Prop. J. 29 (2015) (with David Swetnam–Burland)
“Patent Law 101: The Threshold Test as Threshing Machine,” Texas IP Law Journal, vol. 21, no. 1 (August 2013) (with David Swetnam–Burland)
“Back to the Future: Revisiting Zippo in Light of ‘Modern Concerns,’” 29 John Marshall J. of Comp. & Info. Law, No. 2 (Fall 2012) (with David Swetnam–Burland)
“Fractious Form 18,” 45 CONNtemplations 1 (2012) (with David Swetnam–Burland)
“Vendor Indemnification on the Open Range,” Intellectual Property Litigation, Vol. 23, No. 1 (2011) (with David Swetnam–Burland)
“ResQNet: Rescuer or Wrecking Ball in Patent–Licensing Negotiations?”, Intellectual Property Litigation, Vol. 22, No. 1 (2010) (with David Swetnam–Burland)
Co–author, IP Wise, a blog on the cutting edge of patent litigation (2010 to Present)
Co–author of amicus curiae briefs for Internet retailers in leading patent cases in the U.S. Supreme Court, including Limelight Networks v. Akamai (2014) (elements of proof of indirect patent infringement); Alice Corp. v. CLS Bank Inter’l (2014) (effect of a presence of a computer in a claim on patent eligibility); Microsoft v. i4i (2010) (standard of proof of patent invalidity); and Bilski v. Kappos (2009) (patent eligibility of business method patents)
Law clerk to United States District Judge John A. Woodcock, Jr., District of Maine (2005 to 2006)
Adjunct Professor for business law courses, Thomas College (Fall 2013 – Present)
Board of Directors, Pine Tree Legal Assistance (2011 to Present);
Chair, Pine Tree Legal Assistance Governance Committee (2014 to Present);
Board of Trustees, Maine Audubon (2009 to Present);
Chair, Maine Audubon Governance Committee (2012 to Present)
Board of Governors, Maine State Bar Association, New Lawyers’ Section (2009 to 2011);
Work Group Member, Justice Action Group Statewide Access to Justice Planning Initiative (2006 to 2007).