David Swetnam-Burland Speaks to William & Mary Law Students

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

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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...

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Patent News Grab–Bag

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Some news of note for this Valentine’s Day week: N.D. Cal. Orders Early Damages Disclosures: The U.S. District Court for the Northern District of California has amended its local patent rules to require the parties to (1) provide the court with a good–faith (non–binding) estimate of the damages range expected for the case at the...

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Alice Strikes Twice In East Texas

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As a follow–up to yesterday’s post, we note that Judge Schroeder of the Eastern District of Texas also granted a motion for judgment on the pleadings under Alice v. CLS Bank on September 21. While two decisions do not a trend make, two decisions in one day send some kind of signal that Alice motions...

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Alice Bounces eDekka Patent In East Texas

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The judges of the Eastern District of Texas have not been the most welcoming in the country to the early application of Alice v. CLS Bank—the Supreme Court opinion that lays out the two–step test for determining whether a patent should be voided because it claims abstract ideas, not inventions—in patent litigation. But the winds...

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Alice Needs A Judicial Visa To Enter East Texas

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East Texas continues to stand out among federal judicial districts for its (contrarian) approach to patent cases. Where the judges in other judicial districts have found the Supreme Court opinion in Alice v. CLS Bank a useful tool to use early in cases to weed out patents that shouldn’t have been granted—you can see a...

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No Welcome Mat for Alice in East Texas After All?

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A month ago, we highlighted the case of Clear With Computers v. Volvo Construction Equipment, in which Judge Gilstrap of the Eastern District of Texas granted a defense motion to dismiss for lack of patentable subject matter. We saw the application of Alice v. CLS Bank in a ruling on an early dispositive motion in...

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The Alice Penny Drops In East Texas

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As we wrote last month, the early stats suggest that Alice v. CLS Bank has changed the landscape of patent litigation, with a 69% win rate for accused infringers on motions seeking a judgment that an asserted patent is not directed to patentable subject matter. One of the bigger open questions is what reception Alice...

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Patent Reform Is Back…Alice Is Big…The PTO Is Unmasked

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…and, we’re back, with a post–hibernation blitz of patent news… Patent reform, it’s back too. Virginia Congressman Bob Goodlatte has reintroduced the patent reform bill that died in the Senate last year. The bill’s provisions are designed to pare back patent troll litigation. It would (1) require the plaintiff to identify the patent–owner before filing...

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Federal Circuit Acknowledges That, Yes, Alice Did Change The Game

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The yo–yo of Ultramercial v. Hulu has come to rest at last, and should prove to any doubters that the Supreme Court’s Alice v. CLS Bank opinion has changed the patent litigation game. The Ultramercial case has been adrift in cross–currents between the Federal Circuit and the Supreme Court for years now. In 2010, the...

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