Swetnam-Burland, David

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

    … motion to dismiss Intellectual Ventures’ claims under the two patents on the ground that they attempted to claim abstract ideas, which is prohibited under the Supreme Court opinion in Alice v. CLS Bank. On appeal, the Federal Circuit agreed, affirming Judge Gilstrap’s judgment in favor of J. Crew, which was also represented in the litigation by Peter J. Brann and Stacy O. Stitham. The post J. Crew Wins Summary Affirmance In Patent Dispute With Intellectual Ventures appeared first on Brann & Isaacson. …

    David Swetnam Burland/ Brann & Isaacson- 13 readers -
  • U.S. Golf Manufacturers Council Submits Amicus Brief on Inter Partes Review

    … and successful role in ensuring patent quality. The USGMC, represented by Peter Brann, David Swetnam–Burland, and Stacy Stitham, represents a heavily patented industry, which relies on the Patent Office to monitor the validity of the patents it issues. The brief argues that the inter partes review proceedings have been particularly effective and efficient…

    Brann & Isaacson- 7 readers -
  • U.S. Golf Manufacturers Council Submits Amicus Brief on Inter Partes Review

    … On October 26, 2017, the U.S. Golf Manufacturers Council (USGMC) filed an amicus curiae brief in the Supreme Court in support of the respondents in Oil States Energy Services v. Greene’s Energy Group, arguing that the inter partes review proceedings through which the U.S. Patent and Trademark Office cancels invalid patents plays a vital…

    Brann & Isaacson- 10 readers -
  • 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. The question…

    David Swetnam Burland/ Brann & Isaacson- 16 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. The courts have now begun…

    David Swetnam Burland/ Brann & Isaacson- 12 readers -
  • Supreme Court’s Federal Circuit Reversal Streak Continues

    … way to calculate damages in cases involving multicomponent products (Samsung v. Apple); Reversed the Federal Circuit on whether the supply of a single component of a multicomponent invention can give rise to liability under a provision that prohibits supplying all or a substantial portion of a patented invention for combination overseas (Life…

    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…

    David Swetnam Burland/ Brann & Isaacson- 14 readers -
  • 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…

    David Swetnam Burland/ Brann & Isaacson- 11 readers -
  • 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…

    David Swetnam Burland/ Brann & Isaacson- 8 readers -
  • 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…

    David Swetnam Burland/ Brann & Isaacson- 19 readers -
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