Federal Circuit Affirms B&I Victory for PetSmart in Patent Case

After hearing oral argument from David Swetnam-Burland on Monday, March 7, 2022, days later, on Thursday, March 10, the Federal Circuit Court of Appeals summarily affirmed the dismissal of a patent infringement case brought by Modern Font Applications, LLC against PetSmart in the U.S. District Court for the District of Utah. After offering Modern Font...

Federal Circuit Directs ITC To Consider Revoking Or Modifying Civil Penalty For Infringement of Invalid Patent

In a victory for Brann & Isaacson clients, DBN Holding, Inc. (formerly DeLorme Publishing Co.) and BDN LLC, the Federal Circuit Court of Appeals has issued an opinion reversing and remanding the International Trade Commission’s decision not to rule on the merits of a petition asking the ITC to set aside a civil penalty order....

J. Crew Wins Summary Affirmance In Patent Dispute With Intellectual Ventures

On November 20, 2017, the Federal Circuit Court of Appeals summarily affirmed the invalidity of two patents asserted against J. Crew by Intellectual Ventures without opinion, just two weeks after hearing oral argument from Partner David Swetnam–Burland. In August 2016, Judge Rodney Gilstrap of the Eastern District of Texas granted J. Crew’s motion to dismiss...

TC Heartland Venue Argument Was Not “Available” Before TC Heartland Opinion Issued

In this week’s episode of Patent Venue, when is a change in the law a change in the law? On May 22, 2017, the Supreme Court issued its opinion in TC Heartland, reversing the Federal Circuit and reaffirming that a corporate defendant can only be sued for patent infringement either in its state of residence...

“Place of Business” Means Place of Business, Says Federal Circuit

Previously, on Patent Venue: May 22, 2017: The Supreme Court issues its opinion in TC Heartland, returning to the rule of law that a corporate defendant can only be sued for patent infringement either in its state of residence or a judicial district in which alleged acts of infringement have occurred and the business has...

Supreme Court’s Federal Circuit Reversal Streak Continues

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...

Supreme Court Sharply Limits Patent Forum–Shopping In TC Heartland

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...

What Happens In East Texas Definitely Doesn’t Stay There

This week has witnessed once again the oversized impact the Eastern District of Texas has in patent litigation—after all, that district was home to 44.2% of all patent cases filed in 2015 and 35.4% of all patent cases filed in 2016, with Judge Rodney Gilstrap presiding over an astounding one–quarter of all patent cases filed...

Patent Trolls Still Can’t Find A Way Through Alice’s Looking Glass

We (and others) have written frequently and at length about the impact of Alice v. CLS Bank on patent litigation—how the test set out in that case has enabled litigants and courts to obtain an early determination of whether a patent claims a viable invention or just an abstract idea. Parties who assert patents in...

En Banc Federal Circuit To Decide What To Decide In Inter Partes Review Appeals

Welcome, dear readers, to 2017. While we left 2016 with the potentially explosive news that the Supreme Court may be poised to eliminate the forum shopping that feeds patent troll litigation, we begin the new year with a Federal Circuit decision to review a small problem with the review of decisions by the Patent Office...