2021
Brann & Isaacson Secures Dismissal of Patent Case Against PetSmart
David Swetnam-Burland / 0 CommentsOn 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...
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2020
Brann & Isaacson Files Supreme Court Amicus Brief in Patent Case
David Swetnam-Burland / 0 CommentsOn 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...
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2019
David Swetnam-Burland Speaks to William & Mary Law Students
David Swetnam-Burland / 0 CommentsOn February 14, 2019, partner David Swetnam-Burland gave a presentation to the Student Intellectual Property Society at the William & Mary Law School in Williamsburg, Virginia. Swetnam-Burland’s talk, “Bad Patents, Good Law?” addressed his experience defending Brann & Isaacson’s e–commerce clients in patent troll litigation, and discussed recent developments in patent law and litigation from...
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2018
Federal Circuit Directs ITC To Consider Revoking Or Modifying Civil Penalty For Infringement of Invalid Patent
David Swetnam-Burland / 0 CommentsIn 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....
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2017
J. Crew Wins Summary Affirmance In Patent Dispute With Intellectual Ventures
David Swetnam-Burland / 0 CommentsOn 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...
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2017
TC Heartland Venue Argument Was Not “Available” Before TC Heartland Opinion Issued
David Swetnam-Burland / 0 CommentsIn 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...
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2017
“Place of Business” Means Place of Business, Says Federal Circuit
David Swetnam-Burland / 0 CommentsPreviously, 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...
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2017
Oil States Versus The Administrative State
David Swetnam-Burland / 0 CommentsThe Supreme Court has now heard from the petitioner in Oil States Energy Services, LLC v. Greene’s Energy Group, LLC. At issue is not only the fate of inter partes review of patents by the Patent Trial and Appeal Board, but possibly the ability of administrative agencies to review and retract their own erroneous decisions....
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2017
Texas Welcomes TC Heartland
David Swetnam-Burland / 0 CommentsWhat does the Supreme Court opinion in TC Heartland mean for the business of patent litigation in Texas—particularly the Eastern District of Texas? On first read, TC Heartland seemed to herald the end of the kind of forum–shopping that enabled the Eastern District of Texas to land 40% of all newly filed patent cases. The...
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2017
Supreme Court’s Federal Circuit Reversal Streak Continues
David Swetnam-Burland / 0 CommentsThe 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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