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.
In addition, Mr. Swanson has litigated a variety of other commercial matters, including antitrust, ERISA, and general commercial disputes, in district court and on appeal. He also maintains an active pro bono practice, concentrating primarily on death penalty and other criminal matters.
- Successfully appealed jury verdict of willful 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).
- 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.
- Currently representing Samsung in a lawsuit alleging infringement of copyrights in printer software.
- 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 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.).
Honors and Rankings
- Washington DC Super Lawyers, IP Litigation "Rising Star" (2013-2014)
- 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.
Publications and Speeches
- "Expert Testimony after Daubert: Meister v. Medical Engineering Corporation," 71 Geo. Wash. L. Rev. 486 (2003)