Swetnam-Burland, David

    • 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 and successful role in ensuring patent quality.

      Brann & Isaacson- 9 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 and successful role in ensuring patent quality.

      Brann & Isaacson- 7 readers -
  • “Place of Business” Means Place of Business, Says Federal Circuit

    … not, in this instance, satisfy the test. Thus, transfer out of the Eastern District of Texas was required. We hope this clear order of the Federal Circuit will bring clear order to the application of TC Heartland—and that courts will hew more closely to the Supreme Court’s understanding of the patent venue statue as limiting where a corporate defendant may be sued for infringement. The post “Place of Business” Means Place of Business, Says Federal Circuit appeared first on Brann & Isaacson. …

    David Swetnam Burland/ Brann & Isaacson- 12 readers -
  • Oil States Versus The Administrative State

    … presented to the Supreme Court is: Whether inter partes review—an adversarial process used by the Patent and Trademark Office (PTO) to analyze the validity of existing patents—violates the Constitution by extinguishing private property rights through a non-Article III forum without a jury. Oil States frames the issue as one of overreaching by the PTO…

    David Swetnam Burland/ Brann & Isaacson- 16 readers -
  • Texas Welcomes TC Heartland

    … sufficient to overcome a waiver of the venue issue if not raised and preserved properly. That was the conclusion of judges in both the Northern District of Texas (iLife Techs., Inc. v. Nintendo of Am., Inc., 3:13–cv–4987 (N.D. Tex. June 27, 2017)) and Eastern District (Elbit Sys. Land v. Hughes Network Sys. LLC, 2:15–cv–37 (E.D. Tex. June 20, 2017…

    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…

    David Swetnam Burland/ Brann & Isaacson- 17 readers -
  • TC Heartland: A View from the (Supreme) Courtroom

    … presented by this case is one that everyone in the patent world has been talking about breathlessly for several years, apparently, not everyone is as excited about patent venue as we are. Most of the lawyers in the audience attending the argument were there for the first case instead–an ERISA case no less, so that tells you the level of enthusiasm. After…

    David Swetnam Burland/ Brann & Isaacson- 14 readers -
  • Big Week For IP In The Supreme Court

    … dissented. Finally, on Monday, the Supreme Court will hear oral argument in TC Heartland v. Kraft Foods Group Brands, a case with the potential to shut the doors on patent forum–shopping. In its write–up of the case today, “High–Court Case to Challenge Jurisdiction ‘Shopping’ in Patent Suits, the Wall Street Journal quoted IP Wise’s Peter Brann on the potentially “dramatic effect” on patent troll litigation of a TC Heartland victory. The post Big Week For IP In The Supreme Court appeared first on Brann & Isaacson. …

    David Swetnam Burland/ Brann & Isaacson- 11 readers -
  • Patent News Grab–Bag

    … management conference; and (2) to exchange damages contentions within 50 days after the service of invalidity contentions. The foregrounding of damages information is a welcome development, as it will enable judges to better oversee discovery that is proportionate to the value of the case. This move will make it harder for patent trolls to use…

    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 -
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