Mass. Federal Court Invalidates Eight Patents Asserted Against Wayfair

On August 16, 2023, U.S. District Judge Nathaniel M. Gorton of the District of Massachusetts issued an order granting the vast majority of a motion to dismiss filed by Brann & Isaacson on behalf of its client, Wayfair. The plaintiff, a non-practicing entity called Alto Dynamics, asserted nine now expired patents against Wayfair in a...

Brann & Isaacson Lawyers Obtain Dismissals of Two More ADA Website Accessibility Cases

Brann & Isaacson lawyers, Peter Brann and Hannah Wurgaft, obtained dismissals in two more ADA website accessibility cases in New York and California, on behalf of TackleDirect and JP Boden. In the New York case, they filed a motion to dismiss, and the plaintiff’s counsel, Mizrahi Kroub, which files more of these cases in New York than anyone...

Brann & Isaacson Lawyers File Motion to Dismiss ADA Website Lawsuit

Internet retailers and others have faced thousands of lawsuits across the country claiming that their websites are not accessible and thus violate the Americans with Disabilities Act. Because the plaintiffs usually price settlements at less than the cost of responding to the lawsuit, most companies settle them even though they believe their websites are accessible,...

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...

Brann & Isaacson Litigators Defeat Motion To Dismiss Contract Dispute

Brann & Isaacson litigators Daniel Nuzzi and Eamonn Hart recently succeeded in fending off a motion to dismiss based on the alleged lack of personal jurisdiction over a Massachusetts defendant. On July 9, 2019, Justice MaryGay Kennedy of the Androscoggin County Superior Court issued a decision agreeing with B&I’s arguments on behalf of its client,...

Brann & Isaacson Wins Dismissal of Retaliation Lawsuit Against Schoolteacher

Justice Billings of the Sagadahoc Superior Court has ordered the dismissal of a third complaint filed by Matthew Pollock and Jane Quirion against staff members from Regional School Unit No. 75. The teacher in this case, who is represented by partners Daniel Nuzzi and Nathaniel Bessey, was accused of retaliation against the plaintiffs to, among...

B&I Secures Dismissal of California Privacy Class Action Complaint

On May 1, 2019, the U.S. District Court for the Northern District of California dismissed a putative class action filed against Brann & Isaacson client, NaviStone, Inc., and New Moosejaw, LLC. NaviStone, represented by David Bertoni, David Swetnam-Burland, and Eamonn Hart, had moved to dismiss the complaint based on the plaintiff’s lack of standing and...

B&I Wins Transfer of Copyright Dispute from Florida to Vermont

Partner Stacy Stitham has secured a transfer of a federal lawsuit filed by Exist Inc. against Brann & Isaacson client The Vermont Country Store from Florida to Vermont. The dispute centers on Vermont Country Store’s registered “ROCK FISH” fabric design copyright. After receiving a cease-and-desist letter from Vermont Country Store, Exist filed a declaratory judgment...

Spokeo Speaks — Again

In Robins v. Spokeo, Inc., the U.S. Court of Appeals for Ninth Circuit has again allowed a case to go forward on a gossamer thread of alleged “harm,” despite the U.S. Supreme Court’s admonition that concrete harm must alleged.

A Rare Sight: East Texas Judge Grants Motion to Dismiss Patent Infringement Suit

The data are in. As we’ve previously discussed, the U.S. District Court for the Eastern District of Texas outstrips all others for patent infringement litigation, with approximately 40% of all recent cases filed in that one court. The reasons plaintiffs—especially patent trolls—favor this district have been studied. Most recently, in an August 2015 article, “Forum...