Supreme Court’s Federal Circuit Reversal Streak Continues

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The 2016 Term of the Supreme Court has not been kind to the Federal Circuit Court of Appeals, the specialized appellate court that handles all patent appeals. In each of the six patent cases from the Federal Circuit decided by the Supreme Court, reversal was the result. Specifically, the high court: Reversed the Federal Circuit...

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School District Prevails In Major First Amendment Jury Trial

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On June 12, 2017, a federal jury entered a unanimous defense verdict in favor of School Administrative District 75 in a long–running First Amendment test case over whether a special education student had a constitutionally protected right carry an all–day recording device at school. After prevailing on the majority of issues at the summary judgment...

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B&I Issues Summer Estate Planning Alert

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Partners Martha E. Greene and Kenleigh A. Nicoletta have issued their summer estate planning alert for 2017. The focus of this bulletin is “Maximizing Flexibility in Your Estate Plan.” They address such issues as planning for one’s own incapacity, providing for disabled adult children, and addressing creditor and college debt issues. A full copy of...

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Brann & Isaacson Files Challenge To Massachusetts Rule Targeting Internet Retailers

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On Friday, June 9, 2017, American Catalog Mailers Association and NetChoice filed suit against the Commissioner of the Massachusetts Department of Revenue to block implementation of a Massachusetts rule, due to go into effect on July 1, 2017, under which certain Internet retailers without any physical presence in Massachusetts would nonetheless be required to collect...

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Supreme Court Sharply Limits Patent Forum–Shopping In TC Heartland

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Today, May 22, 2017, the Supreme Court struck a powerful blow against forum–shopping in patent litigation and the related patent troll plague. In a concise opinion by Justice Thomas in TC Heartland v. Kraft Foods Group Brands, a unanimous Supreme Court held that a domestic corporation “resides” only in its State of incorporation for purpose...

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TC Heartland: A View from the (Supreme) Courtroom

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Having led the team that filed an amicus curiae brief for 48 Internet companies, retailers, and associations in support of TC Heartland, Peter Brann attended the oral argument in TC Heartland v. Kraft at the Supreme Court yesterday. Though not a disinterested observer, he offers these thoughts on what he saw: Although the venue question presented...

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Wall Street Journal Quotes Peter Brann On Impact Of Major Supreme Court Patent Case

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In a March 23, 2017, article, the Wall Street Journal quotes Partner Peter Brann on the potential impact of the Supreme Court’s decision in a major patent case, TC Heartland v. Kraft Foods Group Brands. The case, which is scheduled for oral argument on Monday, March 27, 2017, has the potential to put a stop...

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Big Week For IP In The Supreme Court

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While the political world roils, the Supreme Court issued two major IP law decisions this week. In SCA Hygiene Products v. First Quality Baby Products, the Court, in an opinion by Justice Alito, held that the equitable doctrine of laches could not be asserted as a defense in patent cases. Laches is an old doctrine...

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Patent News Grab–Bag

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Some news of note for this Valentine’s Day week: N.D. Cal. Orders Early Damages Disclosures: The U.S. District Court for the Northern District of California has amended its local patent rules to require the parties to (1) provide the court with a good–faith (non–binding) estimate of the damages range expected for the case at the...

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Brann & Isaacson Files U.S. Supreme Court Brief In Major Patent Case

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Partners Peter Brann, David Swetnam-Burland, and Stacy Stitham filed an amicus curiae brief on behalf of 48 Internet companies, retailers, and associations in the U.S. Supreme Court, urging the Court to reiterate its narrow interpretation of the patent venue statute in order to stop forum shopping by patent trolls and others. Underscoring the importance of this...

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