David Swetnam Burland

  • 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 on the proper way to calculate damages in cas ...

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  • 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 of determining where a patent lawsui ...

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  • TC Heartland: A View from the (Supreme) Courtroom

    Having led the team that filed an amicus curiae brief for 48 Internet companies, retailers, and associations in support of TC Heartland, Peter Brann attended the oral argument in TC Heartland v. Kraft at the Supreme Court yesterday. Though not a disinterested observer, he offers these thoughts on what he saw: Although the venue question presented by this case is one that ever ...

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  • Big Week For IP In The Supreme Court

    While the political world roils, the Supreme Court issued two major IP law decisions this week. In SCA Hygiene Products v. First Quality Baby Products, the Court, in an opinion by Justice Alito, held that the equitable doctrine of laches could not be asserted as a defense in patent cases. Laches is an old doctrine under which, in the absence of a statute of limitations, a def ...

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  • Patent News Grab–Bag

    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 initial case management conference; and (2) t ...

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  • 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 since 2014. This week’s results were, suffice it to say, mixed.

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  • 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 litigation—especially patent trolls—have been predictably upset ...

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  • Supreme Court May Take Its Chance To End Forum Shopping

    Before closing up shop for the holidays, the Supreme Court issued a short order which, among other things, granted the cert. petition filed in TC Heartland LLC v. Kraft Foods Group Brands, LLC. By taking this case, the Court has given hope to those of us concerned about forum shopping, and the over–concentration of patent litigation in a handful of judicial districts, most pro ...

    David Swetnam Burland/ Brann & Isaacson- 11 readers -
  • What’s Your Damage, Apple?

    The opinion of the Supreme Court is in, in Samsung v. Apple, and the news is not appetizing for Apple. Justice Sotomayor, writing for a unanimous Court, did just enough to (temporarily?) undo the $399–million verdict Apple had secured in this skirmish of the smartphone wars for infringement of its design patents.

    David Swetnam Burland/ Brann & Isaacson- 11 readers -
  • IP in 2017: Nothing To See (Yet) Amid The Fog Of Political War

    ‘Tis coming up on the season of crystal ball–gazing, when pundits and bloggers look into the future to see what the new year will bring in the fields they cover. The itch to peer into the future is even harder to resist in presidential election years, especially those in which a new president will take the place of an old. We will resist that urge, and encourage others to do so as well.

    David Swetnam Burland/ Brann & Isaacson- 11 readers -
  • Vote Counts: Supreme Court Ties Make Everyone The Loser

    Intellectual property law is not especially ideological—or at least not obviously so. While there are many vehement disputes in the field of IP law, few if any can be cast in R–vs.–D, right–vs.–left terms. That is one reason that patent law has been an area in which the Roberts Supreme Court has been able to find unanimity in opinion after opinion over the past years.

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