Rodney R. Sweetland, III

Principal

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Rodney R. Sweetland, III is a Principal in the Washington, D.C. office of McKool Smith.  His practice deals with intellectual property and unfair trade practices litigation in the U.S. International Trade Commission and U.S. District Courts and Circuit Courts of Appeal, as well as complex commercial litigation in all forums. 

Prior to joining McKool Smith, P.C., Mr. Sweetland was a partner at a prestigious Washington, D.C. intellectual property litigation boutique.  He served in the U.S. Army Reserve from 1988 to 2002.

Representative Matters

Commercial Litigation.  Won commercial arbitration of breach of contract claim involving remote radiology ("Teleradiology") technology. 

Trade Secrets.  Achieved settlement of plaintiff's-side trade secret case involving allegations of theft of confidential business information and improper preparations to compete by company officer.

Semiconductors.  In re Certain Integrated Circuits, filed Section 337 Complaint with the U.S. International Trade Commission on behalf of Freescale Semiconductor, Inc.

Commonwealth Scientific and Industrial Research Organisation v. Buffalo Technology ( USA). Inc., led team filing an amicus brief on behalf of Wi-LAN, Inc. at the Federal Circuit in this important post-eBay case on the availability of injunctive relief for non-practicing entities.

Quanta Computer, Inc. v. LG Electronics, Inc., led team filing an amicus brief on behalf of Wi-LAN. Inc., the first U.S. Supreme Court decision on patent exhaustion in decades.

Lighting controls.  Represented complainant lighting controls manufacturer in patent infringement Section 337 proceeding before the U.S. International Trade Commission.

Hand-held power tools/conductive alloys.  Achieved settlement of vitriolic trade secret litigation on behalf of accused third-party recipient of allegedly misappropriated trade secrets in U.S. District Court based upon successful pretrial rulings.

International trademark/unfair trade practices.  Achieved dismissal of trademark/unfair trade practices case brought by Austrian liquor manufacturer against Polish subsidiary of major European alcoholic beverage producer in U.S. District Court.

Optical Processing.  Successfully represented high-technology start-up company in declaratory judgment/patent infringement action in U.S. District Court resulting in the bankruptcy of the plaintiff/counterclaim defendant opposing party and the purchase by affiliates of the client of the plaintiff/counterclaim defendant’s assets at auction in Bankruptcy Court.   

Hand-held power tools.  Achieved partial summary judgment resulting in settlement of ten year-old patent infringement case on behalf of counterclaim defendant in patent infringement/declaratory judgment/unfair trade practices action in U.S. District Court.

Semiconductors.  Represented complainant microchip manufacturer in patent infringement Section 337 proceeding before the U.S. International Trade Commission involving NAND flash memory devices and products containing the same resulting in settlement.

Semiconductors.  Represented customer of microchip manufacturer accused of importing infringing NOR and NAND flash memory devices and products containing the same in patent infringement Section 337 proceeding before the U.S. International Trade Commission resulting in discontinuation of pursuit of client.

Video graphic displays.  Represented law firm on motion for reconsideration and appeal of imposition of over $2 million in sanctions under 35 U.S.C. § 285/ 28 U.S.C. § 1927 resulting in complete exoneration of law firm.

Hard disk drive motors.  Represented plaintiff in patent exhaustion trial phase of Multi District Litigation in U.S. District Court concluding in settlement after trial.  

Professional Activities

Federal Circuit Bar Association; International Trade Commission Trial Lawyers Association.

News

• McKool Smith Opening DC Office, Expanding U.S. International Trade Commission Practice

Articles

“Fast-track enforcement of IP rights using Customs and the International Trade Commission,” IP Value 2009.

"Section 337, Overview for Non-Practicing Entities,” IP Litigator, January/February 2008.

"Taking Charge of Patent Megacases," National Law Journal, January 21, 2008. 

“Litigation Before the International Trade Commission, The Pace Picks Up,” Metropolitan Corporate Counsel, December 2007. 

"Verizon v. Vonage, The Devil is in the Dictum," IP Law 360, October 2, 2007.

"When Section 337 Makes Sense," IP Law 360, September 26, 2007.

"Obtaining Evidence in Germany for U.S. Patent Litigation," IP Litigator, July/August 2006.

"Patently Better Odds," Legal Times, May 22, 2006.