David Swetnam Burland

  • 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 ...

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  • 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 ...

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  • 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.

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  • 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 ...

    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 ...

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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.

    David Swetnam Burland/ Brann & Isaacson- 18 readers -
  • 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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