Patent Litigation

Failed Operating Company CEO v. Leading Technology Company
We successfully defended a network technology leader in this patent infringement case filed in 2018 by the named inventor and former CEO of a failed operating company. After we persuaded the Eastern District of Virginia to dismiss the plaintiff’s pre-suit claims for willful infringement, the plaintiff dismissed one of its two patents. At the claim construction stage, we persuaded the court that all claims of the remaining patent were invalid for indefiniteness. On appeal in 2020, the Federal Circuit affirmed. Ms. Brannen served as lead trial and appellate counsel.

Network Technology Company v. Leading Network Technology Company
We recently secured a zero-dollar walk-away in a multi-patent case filed in the Western District of Texas, one of the newest hot spots for patent litigation. Ms. Brannen served as lead counsel.

Failed Operating Company v. Leading Technology Company
In 2020, we persuaded the District of Delaware to grant our motion for judgment on the pleadings, holding all claims of a multi-factor authentication patent ineligible for patenting.

Aeritas LLC v. McDonald’s Corporation
Ms. Brannen represented McDonald’s in this case in the Eastern District of Texas.

Geographic Location Innovations LLC v. Safeway, Inc.
Ms. Brannen represented Safeway in this case in the Eastern District of Texas. (Our Motion to Dismiss)

Geographic Location Innovations LLC v. Dollar Tree Stores, Inc.
Ms. Brannen represented Dollar Tree in this case in the Eastern District of Texas. (Our Motion to Dismiss)

Rothschild v. Barnes & Noble, Inc.
Ms. Brannen represented Barnes & Noble in this case in the Eastern District of Texas.

Akamai v. Limelight
In 2016, on behalf of Dell Inc., Facebook, Inc., Red Hat, Inc., Vizio, and other amici, we filed a U.S. Supreme Court brief in this closely watched patent appeal concerning the standard for liability under 35 U.S.C. 271(a) on a method claim where multiple parties perform the required steps. (Our Amicus Brief)

Biosig Instruments v. Nautilus
In 2015, on behalf of Garmin International, Inc., Newegg Inc., SAP America, Inc., Xilinx, Inc., and other amici, we filed briefs in the U.S. Supreme Court and Federal Circuit in this landmark patent case on the standard for “definiteness” under 35 U.S.C. 112. (Our Supreme Court Amicus Brief | Our Federal Circuit Amicus Brief)

Parties Confidential
Ms. Brannen personally negotiated a complete walk-away in a heavily litigated patent matter in which the plaintiff sought tens of millions of dollars in alleged damages.

Parties Confidential
Since 2014, Ms. Brannen has contributed to briefing in three separate appeals in which the Federal Circuit has affirmed judgments in favor of her clients, twice summarily.

Parties Confidential
Ms. Brannen recently contributed defense-side representation in a patent damages trial pending in the Southern District of New York.

Polycity Enterprise Limited v. Funline Industries, Inc.
In their first patent litigation collaboration (over 15 years ago), Ms. Brannen and Peter Stris sought (Our Motion | Our Reply) and obtained (Order) summary judgment of noninfringement for a privately held technology company in a hearing held concurrently with the initial case-management conference.