Swetnam-Burland, David

    • 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- 13 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

    … the Federal Circuit on the proper venue for patent litigation (TC Heartland v. Kraft Foods Group Brands); and Reversed the Federal Circuit on the question of when a competitor can market a “biosimilar” version of a complex drug. (Sandoz v. Amgen). These results only reinforce the perception that the Supreme Court views the Federal Circuit as a court…

    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

    … to the patent laws that would have the effect of reversing the Supreme Court’s holding in Alice v. CLS Bank, that abstract ideas cannot be patented. The proposal attempts to take the Alice question out of the hands of the courts. Although it is not clear where patent law and patent litigation stand among the priorities of the new Congress, we would hope…

    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 -
  • 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…

    David Swetnam Burland/ Brann & Isaacson- 13 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. But the Court did little more…

    David Swetnam Burland/ Brann & Isaacson- 11 readers -
  • State Tax Notes Runs Cover Feature On Private Tax Enforcement

    … An article by partners David Bertoni and David Swetnam–Burland, “Barbarians at the Gates: Private State Tax Enforcement,” is the cover feature in the November 21, 2016, issue of State Tax Notes (subscription required). In the article, Bertoni and Swetnam–Burland detail the rise in litigation over state tax obligations brought by private parties…

    Brann & Isaacson- 1 readers -
Get the top posts daily into your mailbox!
More from around the web