 | David P. Swenson
Robins, Kaplan, Miller & Ciresi L.L.P.
2800 LaSalle Plaza, 800 LaSalle Avenue
Minneapolis, MN 55402
612-349-8500 (firm)
612-339-4181 (fax)
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Practice Groups
Experience
- With a background in computer science, practice focuses on patent litigation, as well as appeals before the U.S. Court
of Appeals for the Federal Circuit.
- Trial experience includes patent-related matters in district courts around the country, the ITC, FTC, and trial-format
arbitrations covering myriad technologies from microchips, routers, Internet browsers, electronic commodity futures trading
platforms, and aircraft anti-collision systems, to home faucet designs, unleaded gasoline formulations, and explosion-proof
electric paint robots for use on automotive assembly lines.
Outside Experience
- Partner in the IP Litigation Group in the Washington D.C. office of a large international law firm prior to re-joining
Robins, Kaplan, Miller & Ciresi L.L.P. in 2004.
- Judicial Clerk, U.S. Court of Appeals for the Federal Circuit, for the Hon. Pauline Newman, 1997-1998, and the Hon.
Giles S. Rich, 1997.
- Judicial Clerk, Minnesota Court of Appeals, for the Hon. Edward J. Parker, 1994-1995.
Selected Results*
- Stanford v. Roche Molecular Sys., Inc., ___ U.S. ___ (2011): Briefed position of American Association of University Professors, IEEE-USA, and IP Advocate as amici curiae to the Supreme Court in landmark victory interpreting the Bayh-Dole Act, which the press says "hewed closely to arguments put forward in [our brief]." [Read Article] [Read Brief] [Read Opinion]
- Extreme Networks, Inc. v. Enterasys Networks, Inc., ___ F.3d. ___ (Fed. Cir. 2010): Presented the oral argument and won reversal of adverse claim construction and summary judgment of noninfringement, allowing Enterasys on remand to proceed with its charge that Extreme infringed its patent claims covering packet routing technology. [Listen to Argument] [Read Opinion]
- Western Union Co. v. MoneyGram Payment Sys., Inc., ___ F.3d ___ (Fed. Cir. 2010): Assisted in winning full reversal and entry of judgment that Western Union's patent claims asserted against MoneyGram were obvious and thus invalid. [Read Opinion]
- In re Petition of the Berglands (D. Ct., Stearns County, 2010): As pro bono lead counsel for the guardian ad litem in a four-party contested adoption, won both phases of the bifurcated trial. We first established that the county "unreasonably withheld" consent from the guardian's preferred adoptive couple, overturning the initial award of the children to another couple based on a misapplied "relative preference." Then we persuaded the court to order, in the "best interests" of the children, their permanent placement with the current foster parents.
- Imation Corp. v. Koninklijke Philips Elec. N.V., et al., (Fed. Cir. 2009): Convinced the appellate court to reverse the entry of judgment on the pleadings dismissing two of Imation's key counts, and instead to order judgment for Imation on the question of whether certain entities formed or acquired later qualify as "subsidiaries" that could benefit from Imation's patent license with Philips. [Read Opinion]
- Andersen Corp. v. Pella Corp., et al., 300 Fed.Appx. 893 (Fed. Cir. 2008): Won reversal on appeal of a post-KSR summary judgment holding patent claims obvious. [Read Opinion]
- General Mills, Inc. v. Kraft Foods Global, Inc., 495 F.3d 1378 (Fed. Cir. 2007): Obtained affirmance of a district court decision that Kraft failed to maintain its counterclaim after General Mills filed an amended complaint, in a case of first impression before the Federal Circuit interpreting Rule 12(a)(4)(A). [Read Opinion]
- Authored brief for five prominent Minnesota companies as amici curiae in the Eastern District of Virginia in support of enjoining the new PTO Final Rules, which was ordered in 2008[Read Brief]
- Authored amicus brief for five prominent Minnesota companies in the E.D. Va. in support of enjoining the new PTO Final Rules, which was ordered in 2008.
- Tried two Section 337 hearings before the ITC, including handling all patent-related issues and winning the only patent infringement-based general exclusion order issued in 2000, as well as proposing and conducting the first ITC "chess clock" trial in 2005.
- In the matter of Union Oil Company of California ("UNOCAL") (FTC): Part of trial team in defense of Section 5 antitrust allegations brought against UNOCAL based on obtaining and asserting reformulated gasoline patents (settled after Chevron's acquisition of UNOCAL).
- Union Oil Co. of California v. Atlantic Richfield Co., et al.: Member of core team in action for infringement of UNOCAL gasoline patent, tried in the U.S. District Court for the Central District of California (J. Wardlaw). Jury verdict for UNOCAL on liability, Oct. 1997; judgment entered in the amount of $91 million, including five months of accrued infringement (affirmed, 208 F.3d 989 (Fed. Cir. 2000)).
* Past results are reported to provide the reader with an indication of the type of litigation in which we practice and does not and should not be construed to create an expectation of result in any other case as all cases are dependent upon their own unique fact situation and applicable law.
Media
Quoted in:
- "In Wake of Successful Amicus Brief, IP Advocate Hails Supreme Court Decision Upholding Faculty Inventors' Rights," benzinga.com, June 22, 2011
- "Supremes Rule Against Stanford," Inside Higher Ed, June 7, 2011
- "Supreme Court Rebuffs Stanford's Bid to Assert Control of Invention," The Chronicle of Higher Education, June 6, 2011
- "Bayh-Dole Benefits Seen But Some Cite Unintended Negatives,"
Life Sciences Law & Industry Report, February 11, 2011
Civic Associations
Bar Admissions
- Minnesota
- Illinois
- District of Columbia
- U.S. Supreme Court
- U.S. Court of Appeals, Federal Circuit
- U.S. District Court, Minnesota
- U.S. District Court, Northern District of Illinois
- U.S. District Court, Western District of Wisconsin
Education
- University of Minnesota Law School, J.D. (1994); Editor-in-Chief, Law & Inequality: A Journal of Theory &
Practice (1993-94)
- University of Minnesota, M.A., Public Affairs (1993)
- Boston College, B.A., Computer Science (1990)
See Library Tab for articles, publications and presentations
by David Swenson
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Q&A
| Attorney Name: | | David Swenson | | | | Law School Attended: | | University of Minnesota Law School | | | | Favorite activities (besides the Law): | | Playing soccer and enjoying live music. | | | | Favorite Sports Team (if you have one), or Favorite Theater or Museum, etc: | | Playing soccer and enjoying live music. | | | | If you weren’t a lawyer, what would you be?: | | Either an international hotel tester or a political strategist. | | | | What do you read most often: | | Fiction laced with cynical humor. | | | | Why are you proud to be a lawyer?: | | Because sometimes we really can make a difference. | | | |
Selected Speeches
- Effective Advocacy at the Federal Circuit
Moderator, Law Education Institute Intellectual Property CLE Program (January 2006)
- AIPLA Annual Giles S. Rich Memorial IP Moot Court Competition
Judge for National Quarter-/Semi-Finals
- Obtaining and Enforcing Patent Related General Exclusion Orders
Featured Speaker, ITC Trial Lawyers Association Annual Meeting (November 2000)
- ABA Section of Intellectual Property Law Committee on Confidential Rights of Contractors with the Government
Committee Chair (2003-2004)
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