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Law Office of Philip Swain

2 case appearances — 2 as plaintiff counsel · 0 as defendant counsel.

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Further reading

The first 30 days after a patent infringement complaint
Most defendants spend the first 30 days reacting. The defendants who do well spend it sequencing — because every move you make in month one shapes the budget, leverage, and exit options for the next two years.
Patent trolls in 2025: the year in numbers
2025 was a banner year for patent trolls — and not by accident. Filings surged while the defendant's cheapest weapon, the PTAB, was quietly taken off the table. Here's what the reporting shows, and why the two are connected.
Non-Practicing Entity (NPE) lawsuit defense: a defendant's playbook
Defending an NPE suit is different from defending a competitor's suit. The asymmetries cut both ways — and the right plays exploit the ones that favor the defendant.
Markman v. Westview Instruments, Inc. (1996)
Claim construction is exclusively the court's job. The Markman hearing is the most consequential single ruling in nearly every patent case — and a defendant's best chance to end the litigation before trial.
Festo Corp. v. Shoketsu Kinzoku Kogyo Kabushiki Co. (2002)
Narrow your claim during prosecution and you presumptively give up the equivalents in between. The presumption is rebuttable, but in practice the prosecution history is a defendant's gold mine.