Brann & Isaacson Secures Dismissal of Patent Case Against PetSmart

On January 4, 2021, Senior District Judge Bruce S. Jenkins of the U.S. District Court for the District of Utah ordered the dismissal with prejudice of a patent infringement action filed by Modern Font Innovations against Brann & Isaacson client PetSmart. After hearing oral argument from partner David Swetnam-Burland, the judge ruled that Modern Font Applications had failed to state a claim of direct or induced patent infringement upon which relief could be granted; the Court further ordered a dismissal with prejudice, noting that the plaintiff had twice had the chance to amend its complaint and yet still failed to state a valid claim. Swetnam-Burland was joined by partners Peter J. Brann and Stacy O. Stitham on the defense team for PetSmart.