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Peter Swanson handles complex civil litigation matters, particularly those involving intellectual property issues. He offers clients substantive and procedural expertise, careful strategic advice, and strong advocacy skills.  Those abilities, combined with a background in software and computer technology, make him particularly valuable to high-tech clients facing difficult litigation matters.  Mr. Swanson has handled several patent cases in district courts around the country and on appeal to the Federal Circuit, and he has provided strategic advice to clients on global patent litigation matters.

Patent/IP Litigation

  • Representing gaming company in trademark, trade dress and trade secret litigation filed against company formed by former employees.
  • Representing technology company in case alleging breach of non-disclosure agreements and trade secret misappropriation.
  • Secured a complete victory for Samsung in a copyright and trademark infringement lawsuit. A special master appointed by the court granted summary judgment on several of the plaintiff’s claims, and Samsung prevailed at trial on the remaining claims. CCP Systems AG v. Samsung Electronics Co., Ltd., No. 2:09-cv-4354 (D.N.J.).
  • Represented Aristocrat in:
    • Litigation involving 32 utility and design patents and claims for breach of non-disclosure agreements. Defeated multiple preliminary injunction motions and obtained dismissal of certain claims. IGT v. Aristocrat Technologies, Inc., No. 2:15-cv-00473-GMN-GWF (D. Nev.);
    • Design patent and trade secret litigation against competitor. Bally Gaming, Inc. v. Aristocrat Technologies, Inc., No. 2:16-cv-02359-JCM-CWH (D. Nev.); and
    • Trademark and trade dress litigation against competitor relating to Aristocrat's line of Buffalo games. Aristocrat Technologies, Inc. v. AGS, LLC, No. 2:18-cv-00396-GMN-GWF (D. Nev.).
  • Represented Microsoft in:
    • Obtaining summary judgment of non-infringement in a patent case relating to messaging technology, and successfully defended the judgment on appeal to the Federal Circuit. Technology Patents LLC v. T-Mobile (UK) Ltd., 700 F.3d 482 (Fed. Cir. 2012);
    • Securing dismissal of Federal Circuit appeal for lack of jurisdiction. EveryMD v. Santorum, No. 2012-1491 (Fed. Cir. Oct. 15, 2012);
    • Obtaining, after filings motions to dismiss and for summary judgment, a voluntary dismissal of a copyright lawsuit involving music downloads; and
    • Multiple patent cases relating to e-commerce and user interface software.
  • Successfully appealed jury verdict of willful patent infringement to the Federal Circuit (after another firm had handled the trial), which reversed a $38.5 million verdict and ordered entry of judgment in favor of clients Thomson Corporation and i-Deal LLC on grounds of invalidity and non-infringement. The patent at issue related to electronic municipal bond auctions. Muniauction, Inc. v. Thomson Corp., 532 F.3d 1318 (Fed. Cir. 2008).
  • Successfully argued a motion to dismiss on behalf of AOL Advertising, Inc. in a patent infringement lawsuit. The dismissal was summarily affirmed on appeal. Priceplay.com, Inc. v. AOL Advertising, Inc., 2015 WL 1246781 (D. Del. Mar. 18, 2015), aff’d, No. 15-1492 (Fed. Cir. Jan. 7, 2016).
  • Obtained stay of patent infringement lawsuit filed against Knowles Electronics LLC, in which the plaintiff was seeking a preliminary injunction. Analog Devices, Inc. v. Knowles Elecs., LLC, No. 1:12-cv-10412-PBS (D. Mass.).
  • Successfully defended AOL Inc. in three related patent infringement cases where the plaintiff asserted four patents relating to online advertising and mobile device apps. Augme Technologies, Inc. v. Gannett Co., Inc. et al. (S.D.N.Y.); Augme Technologies, Inc. v. AOL Inc. et al. (S.D.N.Y.); and Augme Technologies, Inc. v. Tacoda, Inc. (S.D.N.Y.).
  • Successfully represented ASSIA Inc. in a patent infringement lawsuit involving DSL technology. British Telecommunications plc v. Adaptive Spectrum and Signal Alignment, Inc., No. 1:14-cv-1359 (D. Del.).
  • Successfully represented comScore, Inc. in patent litigation in the Eastern District of Virginia in two patent infringement cases involving patents directed to measuring online activities and website traffic. comScore, Inc. v. The Nielsen Company (US), LLC, et al., No. 1:11-cv-290-LMB-TRJ and The Nielsen Company v. comScore, Inc., C.A. No. 2:11-cv-00168-MSD -TEM.
  • Represented a telecommunications company in complex antitrust and patent litigation involving a month-long trial.
  • Procured favorable settlements for Maersk Logistics USA in a patent infringement suit brought by ArrivalStar and Melvino Technologies involving advance notification and warning systems in transportation logistics systems. ArrivalStar S.A. et al v. Seaboard Solutions, Inc. et al. (S.D. Fla.).
  • Filed amicus briefs in multiple Federal Circuit appeals concerning patent eligibility under 35 U.S.C. § 101.

Commercial/Other Litigation  

  • Won summary judgment for United Technologies Corporation in an ERISA class action involving the company’s 401(k) plan, and successfully defended the judgment on appeal to the Second Circuit.  Taylor v. United Techs. Corp., 2009 WL 4255159 (2d Cir. Dec. 1, 2009).
  • Successfully defended a major telecommunications company in Department of Labor investigation in which DOL took no action.
  • Defended General Electric in an ERISA class action alleging that company imprudently offered its stock as an investment option in employee benefit plan.
  • Successfully represented American Petroleum Institute in a breach of contract and trade secret action.

Pro Bono

  • Represented client serving life sentence in a post-conviction matter involving claim of actual innocence; secured client’s release from prison after serving more than 40 years.
  • Representing client on death row in Alabama in post-conviction proceeding that includes, inter alia, claims of ineffective assistance of counsel.
  • Represented client charged with capital murder in Georgia.
  • Defended client in appeal of first-degree murder conviction in Washington, DC.
  • Successfully represented client in connection with EEOC matter in which EEOC declined to take action.
  • Washington DC Super Lawyers, IP Litigation "Rising Star" (2013-2016)