Duane Morris LLP - Rodney R. Sweetland III, Partner

Rodney R. Sweetland III

Rodney R. Sweetland III
Partner
Duane Morris LLP
505 9th Street, N.W., Suite 1000
Washington, DC 20004-2166
USA
Phone: +1 202 776 5241
Fax: +1 202 330 5547
Email: RRSweetland@duanemorris.com

Rodney R. Sweetland III is co-chair of Duane Morris' ITC Section 337 Litigation Practice Group. Mr. Sweetland focuses his practice in the areas of Section 337 litigation before the U.S. International Trade Commission and intellectual property and unfair trade practices litigation before U.S. district courts and circuit courts of appeal, as well as trade secrets and complex commercial litigation in all forums. Mr. Sweetland has represented clients in technologies involving semiconductors, computer software, lighting controls, optical, processing and video graphic displays, among others. His career has been entirely devoted to litigation. Accordingly, Mr. Sweetland has first-chair experience at both the trial (bench and jury) and appellate levels of practice. He is frequently relied upon by the media as an expert commentator in intellectual property litigation and also widely published in the field.

Areas of Practice

Section 337 Litigation
Intellectual Property Litigation
Unfair Trade Practices Litigation

Representative Matters

Sintered Rare Earth Magnets, Methods of Making Same and Products Containing Same, Inv. No. 337-TA-855
Devices for Mobile Data Communication Devices, Inv. No. 337-TA-809
Electronic Devices with Communication Capabilities, Components Threof, and Related Software, Inv. No. 337-TA- 808
MLC Flash Memory Devices and Products Containing Same, Inv. No. 337-TA-683
Integrated Circuits and Products Containing Same, Inv. No. 337-TA-656
Lighting Control Devices Including Dimmer Switches And/Or Switches, Inv. No. 337-TA-599
Products and Pharmaceutical Compositions Containing Recombinant Human Erythropoietin, Inv. No. 337-TA-568
NOR and NAND Flash Memory Devices and Products Containing the Same, Inv. No. 337-TA-560
NAND Flash Memory Devices and Products Containing Same, Inv. No. 337-TA-553
Automotive Parts, Inv. No. 337-TA-557
Injectable Implant Compositions, Inv. No. 337-TA-515
Purple Protective Gloves, Inv. No. 337-TA-500
Commonwealth Scientific and Industrial Research Organisation v. Buffalo Technology (USA), Inc., 542 F.3d. 1363 (Fed. Cir. 2008).
Quanta Computer, Inc. v. LG Electronics, Inc., 128 S.Ct. 2109 (2008) (patent exhaustion) (amicus brief).
In re Papst Licensing (MDL), published decisions include Minebea Co. Ltd. v. Papst, 444 F. Supp.2d 68 (D.D.C. 2006); 377 F. Supp.2d 34 (D.D.C. 2005); 374 F. Supp.2d 231 (D.D.C. 2005); 374 F. Supp.2d 202 (D.D.C. 2005); 229 F.R.D. 1 (D.D.C. 2005); 370 F. Supp.2d 297 (D.D.C. 2005); 370 F. Supp.2d 302 (D.D.C. 2005); 228 F.R.D. 34 (D.D.C. 2005); 355 F. Supp.2d 526 (D.D.C. 2005), 221 F.R.D. 11 (D.D.C. 2004) (patent infringement)
Tesla Indust., Inc. v. Waldmann, et al., No. 06-65 (GMS) (D. Del.) (trade secrets)
Altvater Gessler-J.A. Baczewski Int’l (USA), Inc. v. Sobieski Destylarnia S.A., 5/9/2007 NYLJ (trademark infringement)
M. Eagles Tool Warehouse, Inc. v. Fisher Tooling Co., Inc., 2007 WL 979854 (D.N.J.) (patent infringement)
CPC Intern., Inc. v. Skippy, Inc., 214 F.3d 456 (4th Cir. 2000) (trademark infringement)
Raflo v. U.S., 157 F.Supp.2d 1 (D.D.C. 2001) (choice of law)
Haddon v. U.S., 68 F.3d 1420 (D.C. Cir. 1995) (respondeat superior)

Professional Activities

District of Columbia Bar
Federal Circuit Bar Association
Licensing Executives Society
International Trade Commission Trial Lawyers Association
Institute of Electrical and Electronics Engineers

Admissions

District of Columbia
U.S. District Court for the District of Columbia
U.S. District Court for the District of Maryland
U.S. Court of International Trade
District of Columbia Court of Appeals
U.S. Court of Appeals for the District of Columbia Circuit
U.S. Court of Appeals for the Federal Circuit
U.S. Court of Appeals for the Fourth Circuit
U.S. Court of Appeals for the Ninth Circuit
U.S. Court of Appeals for the Second Circuit

Education

George Washington University Law School, J.D., 1991
Western Michigan University, B.S., 1988

Experience

Duane Morris LLP
- Partner, 2012-present
McKool Smith, P.C.
- Partner, 2007-2012
Adduci, Mastriani & Schaumberg LLP
- Senior Associate, Partner, 2003-2007
Solo Practitioner, Federal Commercial and Intellectual Property Litigation, 1993-2003
George Mason University Law School
- Adjunct Professor, 1999-2000
Chaikin & Karp, P.C.
- Attorney, 1991-1992
U.S. Army Reserve
- Captain, 1988-2003

Honors and Awards

Listed as an "IP Star" in Managing Intellectual Property's IP Stars, 2013
Listed in Legal 500 ("expert in ITC investigations, very dynamic")

Selected Publications

Co-author, "ITC Looks to Short-Circuit Troll Cases," Duane Morris Alert, July 10, 2013
Quoted in "Judge rejects Apple Bid to Add Hot-Selling Samsung Phone to Patent Case," Daily Journal, June 28, 2013
Quoted in "ITC Early Decision Plan Will Make Life Tough For NPEs," Law360, June 28, 2013
Quoted in "ITC's Apple Import Ban May Prompt Legislative Response," Law360, June 5, 2013
Quoted in "Microsoft and Vringo Shake Hands in $1 Million Patent Deal," World Intellectual Property Review, May 31, 2013
Quoted in "Microsoft Backs Clearer US Patent Records," World Intellectual Property Review, May 21, 2013
Co-author, "ITC Clears Apple Yet Again," Jurist, May 10, 2013
Quoted in "Motorola Buy Delivers Google More Heartbreak Than Help," Bloomberg News, April 29, 2013
Quoted in "ZTE Strikes Licensing Deal with Microsoft," World Intellectual Property Review, April 24, 2013
Quoted in "Apple Averts Import Ban After Motorola Patent Case Win," Bloomberg News, April 23, 2013
Quoted in "U.S. Office Invalidates Apple Patent," Los Angeles Daily Journal, April 3, 2013
Quoted in "Apple Import Ban Explored by U.S. Agency in Samsung Case," Bloomberg News, March 13, 2013
Quoted in "Microsoft and Nikon Strike Android Deal," World Intellectual Property Review, February 22, 2013
Quoted in "Apple v. Samsung: Can Anyone Land the Killer Blow?," World Intellectual Property Review, February 1, 2013
Co-author, "A Survey of IEEE Standards in Patent Litigation," Today's Engineer, January 2013
Quoted in "Microsoft Moves to Take Advantage of Google's FTC Concession on Patents," Daily Journal, January 8, 2013
Quoted in "Judge Seeks Bond Called High in U.S. Samsung-Apple Phone Case," Bloomberg News, December 31, 2012
Quoted in "Apple's Patent Settlement with HTC Signals Shift in Company's Legal Strategy," Daily Journal, November 13, 2012
Quoted in "Apple Hit with $368 Million Patent Infringement Verdict," Daily Journal, November 8, 2012
Quoted in "Apple-Google Patent Trial Dismissed," Daily Journal, November 6, 2012
Quoted in "Apple Makes Bold Offer to Gain Advantage in Patent Lawsuit," Daily Journal, November 1, 2012
Quoted in "Samsung Infringed 4 Apple Patents, ITC Judge Rules," Daily Journal, October 25, 2012
Mr. Sweetland provides commentary throughout the 2012 patent trial between Apple. Inc. and Samsung Electronics Co. Ltd. surrounding smartphone design.
- "Patent Office Ruling Gives Samsung a Small Opening in Apple Patent Case," Daily Journal, October 24, 2012
- "Emboldened by Federal Circuit Ruling, Samsung Attacks Apple's Injunction Motion," Daily Journal, October 23, 2012
- "Appeals Court Vacates Injunction Against Samsung Smartphone," Daily Journal, October 12, 2012
- "Samsung Juror Misconduct Argument in Apple Trial Likely a Tough Sell," Daily Journal, October 3, 2012
- "Despite Jury Verdict, Samsung Tablet Still Stuck in Limbo, Judge Rules," Daily Journal, September 19, 2012
- "Y Ahora ¿Por Quién va Apple?" Reforma, September 3, 2012
- "Morrison & Foerster trial tactics produce big win for Apple, loss for Oracle," Daily Journal, August 31, 2012
- "Jurors in Apple-Samsung Trial Face Daunting Verdict Form," Daily Journal, August 23, 2012
- "Testimony Concludes in Smartphone Trial," Daily Journal, August 20, 2012
- "Judge Chastises Samsung Lawyer But Doesn't Punish Client," Daily Journal, August 6, 2012
- "Apple, Samsung Battle Over Jury Instructions as Trial Opens," Daily Journal, July 30, 2012
- "Samsung Hit with Adverse Instruction in Case," Daily Journal, July 26, 2012
- "Apple Gains Momentum in Smartphone Patent Battle," Daily Journal, July 9, 2012
- "Apple Forced Into Tactical Retreats," Daily Journal, June 15, 2012
- "Apple-Samsung Copy Case Hinges on Cheech, Chong Test," Bloomberg News, May 31, 2012
Quoted in "Samsung Mocking Apple in Ads Looks to Win Cheech and Chong Test," Bloomberg News, October 22, 2012
Co-author, "ITC Proposes New Limitations on Discovery," Duane Morris Alert, October 11, 2012
Quoted in "E-Discovery Rules Make ITC More Attractive IP Venue" by Ryan Davis, Law360, October 5, 2012
Co-author, "Federal Trade Commission Continues Its Criticism of International Trade Commission," Duane Morris Alert, September 25, 2012
Quoted in "Apple Wins Patent Ruling Against Samsung at Trade Agency," Bloomberg News, September 14, 2012
Co-author, "ITC Administrative Law Judge Rules That Ongoing Royalty Precludes Exclusion Order," Duane Morris Alert, September 11, 2012; republished in Expert Analysis section of IP Law360, International Trade Law360 and Technology Law360, September 13, 2012
Co-author, "ITC Continues to Set a High Bar for Licensing-Based Domestic Industries," Duane Morris Alert, August 30, 2012
Quoted in "Apple Counts on IPhone Being Too Cool for U.S. Import Ban," Bloomberg Businessweek, August 24, 2012
Quoted in "Intel's Trade Agency Patent Case Cited for U.S. Jobs Risk," Bloomberg News, August 19, 2012
Co-author, "ITC Denies Full Relief Based on EPROMs Factors," Duane Morris Alert, August 16, 2012; republished in Expert Analysis section of IP Law360, International Trade Law360 and Technology Law360, August 29, 2012
"ITC Issues Unusual Stay in Section 337 Case," Duane Morris Alert, August 15, 2012
"ITC Administrative Law Judge Dismisses Case for Lack of Standing," Duane Morris Alert, August 9, 2012; republished in Expert Analysis section of IP Law360 and International Trade Law360, August 15, 2012
Co-author, "ITC Chief Administrative Law Judge Finds Privilege Waiver by Third Party," Duane Morris Alert, July 31, 2012
Co-author,"Using Portfolio-Wide Licenses To Establish Domestic Industry In Section 337 Proceedings," Licensing Executives Society, Inc., July 24, 2012
"ITC's Section 337 Proceedings Pique Congressional Interest," Duane Morris Alert, July 24, 2012; republished in North American Free Trade & Investment Report, July 31, 2012
Co-author, "ITC Proposes Revamping Section 337 Procedures," Duane Morris Alert, July 19, 2012
Co-author, "Federal Circuit Reverses Itself; Permits ITC to Control Scope of Appeals," Duane Morris Alert, July 16, 2012
Co-author, "ITC Poised to Address Viability of RAND Defense in Section 337 Litigation," Duane Morris Alert, July 10, 2012
Co-author, "Section 337's Latest Twist: Contention Interrogatories," Law360, July 2, 2012
Co-author, "Làm gì khi bị kiện trước ITC," Kinh tể Sàigòn, June 28, 2012
Quoted in "Google Patent Fight Over Xbox Brings ITC Backlash," Bloomberg News, June 19, 2012
"Interference with Third-Party Public Interest Participation Circumscribed by ITC," Duane Morris Alert, June 14, 2012
Quoted in "Apple Likes Odds at Patent-Friendly U.S. Forum," Bloomberg News, May 17, 2012
Co-author, "Public Interest Factors: The New First Battle in Section 337 Litigation," Westlaw Journal – Intellectual Property, May 16, 2012
"ITC Ruling May Presage Return of Sanctions Proceedings," Duane Morris Alert, May 2, 2012
Co-author, "What Happened to All the Cases: Why So Many Section 337 Cases Give Rise to Relatively Few Exclusion Orders," Patently-O, April 29, 2012
Co-author, "ITC Ruling Requires Heightened Pleading Requirements for Domestic Industry 'In the Process of Being Established,'" Duane Morris Alert, April 9, 2012
Co-author, "Discovery Is Swift and Expansive at the ITC," Executive Counsel, December 2011/January 2012
Quoted in "For This Firm, A Bad Breakup: Slocumb Law Firm Pursues Damages Against Two D.C. Lawyers Who Left" (Trade Secrets Dispute), The National Law Journal, November 7, 2011
"Avoiding America Invents Act Section 299 Via ITC," Law360, October 19, 2011
Co-author, "Rapid Response by the Respondent: The Key to Successfully Defending a Section 337 Case at the U.S. International Trade Commission,” Global Trade and Customs Journal, September 1, 2011
"The FTC's Recommendations to the ITC: Unsound, Unmeasured, and Unauthoritative," 2011 Patently-O Patent Law Journal, May 5, 2011
Co-author, "Fast-track Enforcement of IP Rights Using Customs and the International Trade Commission," IP Value 2009, January 1, 2009
Co-author, "Taking Charge of Patent Megacases," The National Law Journal, January 21, 2008
Co-author, "Section 337 Overview for Non-Practicing Entities," IP Litigator, January 1, 2008
Co-author, "Litigation Before the International Trade Commission: The Pace Picks Up," The Metropolitan Corporate Counsel, December 1, 2007
Co-author, "Verizon v. Vonage: The Devil Is in the Dictum," IP Law360, October 2, 2007
Co-author, "When Section 337 Makes Sense," IP Law360, September 26, 2007
"Obtaining Evidence in Germany for U.S. Patent Litigation," IP Litigator, July/August 2006
Co-author, "Patently Better Odds," Legal Times, May 22, 2006

Selected Speaking Engagements

"Evaluating Whether to Litigate at the ITC, Navigating the Process, and Understanding Markman Hearings," Greater Richmond Area Intellectual Property Association, September 18, 2012
"Patent Litigation Before the International Trade Commission: Latest Developments," Strafford Publications Live CLE, September 11, 2012