Brann & Isaacson Files Supreme Court Amicus Brief in Patent Case

On December 1, 2020, B&I partners, Peter J. Brann, David Swetnam-Burland, and Stacy O. Stitham, filed an amicus curiae brief in the U.S. Supreme Court on behalf of two leading golf equipment manufacturers, Acushnet and Roger Cleveland Golf Company, in United States v. Arthrex. The case presents the question whether administrative law judges of the Patent Trial and Appeal Board (PTAB), who preside over patent disputes within the U.S. Patent and Trademark Office, were properly appointed. In their brief, the companies argue that the PTAB and its judges have been both efficient and effective in adjudicating disputes over the validity of issued patents, benefiting both patent-owners and accused infringers. They also warn that a decision undoing the appointment of these administrative law judges could have far-reaching negative consequences across the federal government. Brann & Isaacson regularly defends retailers and other internet and multi-channel companies in patent lawsuits, and has frequently filed friend-of-the-court briefs on their behalf in the Supreme Court.