Peter J. Brann

Peter J. Brann is a Partner at Brann & Isaacson, specializing in complex litigation, with a significant focus on intellectual property and corporate disputes. His practice areas encompass patent, trademark, copyright, and trade dress issues. Brann is noted for representing numerous internet retailers and e-commerce companies, dealing with legal challenges pertinent to the online retail space, including software and internet-related technologies.

While his tracked appearances include one plaintiff and one defendant-side role, his broader practice primarily involves defending operating companies, especially retailers, against patent infringement claims, often brought by non-practicing entities (NPEs) or "patent trolls." For example, Brann was lead counsel for Wayfair Inc. in Pointwise Ventures LLC v. Wayfair Inc, a case concerning a patent on a "Pointing and Identification Device," where defendants raised challenges to patent eligibility. He also served as trial counsel for Symantec Corporation in Intellectual Ventures I LLC v. Symantec Corporation et al., where Symantec, a cybersecurity firm, was the defendant against patent infringement allegations. The Federal Circuit ultimately held the asserted patents invalid as ineligible under 35 U.S.C. § 101 in this case.

Beyond patent litigation, Brann has an extensive appellate practice, having briefed and argued over 100 appeals across various federal circuit courts and state supreme courts. Notably, he successfully argued Alden v. Maine (1998) before the U.S. Supreme Court, a landmark federalism case for which he received the National Association of Attorneys General award for Best Brief. His firm also acted as counsel for respondents, including Wayfair, in South Dakota v. Wayfair Inc. et al. (2018) before the Supreme Court, a significant case addressing e-commerce sales tax. While his profile mentions advocacy in administrative hearings, specific experience in Patent Trial and Appeal Board (PTAB) or Inter Partes Review (IPR) proceedings is not explicitly detailed in available sources.

Brann is admitted to practice in Maine and Massachusetts, as well as before the U.S. Supreme Court and numerous U.S. Courts of Appeals and District Courts. He earned his J.D. from Boston University School of Law, holds a B.A. from Bates College, and studied at Oxford University.