David Swetnam Burland

  • Oil States Versus The Administrative State

    The 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.

    David Swetnam Burland/ Brann & Isaacson- 16 readers -
  • Law Court Affirms B&I Trial Court Victory

    Peter Brann and Michael Carey prevailed today in the Law Court, Maine’s highest court, on an appeal concerning a class action lawsuit challenging a probate judge’s scheduling decisions on constitutional grounds. Brann and Carey took over the defense just prior to trial and won despite findings by the trial judge that the probate judge knew the scheduling changes would cause or ...

    David Swetnam Burland/ Brann & Isaacson- 9 readers -
  • George Isaacson Testifies Before House Judiciary Committee

    On July 25, 2017, Senior Partner George Isaacson gave testimony to the Subcommittee on Regulatory Reform, Commercial and Antitrust Law of the House Judiciary Committee in Washington, DC. His subject was state regulatory overreach and its negative impact on American business and consumers. In his testimony, available here, Isaacson addressed the increasing problem of extra–terr ...

    David Swetnam Burland/ Brann & Isaacson- 9 readers -
  • Texas Welcomes TC Heartland

    What 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.

    David Swetnam Burland/ Brann & Isaacson- 12 readers -
  • 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 ...

    David Swetnam Burland/ Brann & Isaacson- 17 readers -
  • School District Prevails In Major First Amendment Jury Trial

    On June 12, 2017, a federal jury entered a unanimous defense verdict in favor of School Administrative District 75 in a long–running First Amendment test case over whether a special education student had a constitutionally protected right carry an all–day recording device at school. After prevailing on the majority of issues at the summary judgment stage, including claims unde ...

    David Swetnam Burland/ Brann & Isaacson- 12 readers -
  • 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 ...

    David Swetnam Burland/ Brann & Isaacson- 17 readers -
  • 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 ...

    David Swetnam Burland/ Brann & Isaacson- 14 readers -