Attorneys
Stacy Stitham
Stacy Stitham represents Brann & Isaacson’s business clients in civil and commercial litigation in federal and state courts and before administrative agencies. She has litigated patent, trademark, trade dress, copyright, and corporate cases in courts from Maine to California, before the Trademark Trial & Appeal Board, and in the International Trade Commission on behalf of the firm’s retail clients, including over a dozen of the 100 largest internet retailers. In addition, Stacy advises clients on trademark and copyright issues, including strategies for identifying and protecting intellectual property as well as dealing with claims of infringement. Stacy also advises clients on compliance issues, including data privacy and security.
Before joining B&I, Stacy served as law clerk to United States District Judge John A. Woodcock, Jr. of the United States District Court for the District of Maine. Stacy has a keen interest in education and community service, and has previously taught business law courses at Thomas College in Waterville, Maine. She has served as President of the Board for Maine Audubon and Pine Tree Legal Assistance, and currently serves as a trustee for her alma mater, Foxcroft Academy, and as a member of USM’s School of Business Advisory Board.
Stacy is a fifth-generation attorney, whose family practiced law at a northern Maine firm for more than a century, and whose grandfather, great-grandfather, and great-great grandfather all served in turn as President of the Maine State Bar Association. It was Stacy’s distinct honor to take her own turn as President of the Maine State Bar Association in 2023.
Contact
Email: sstitham@brannlaw.com
Phone: 207.786.3566
Practice Areas
Education
Harvard Law School
(J.D., cum laude)
Harvard College
(A.B., magna cum laude)
Bar Admissions
& Membership
Maine
Massachusetts
U.S. Supreme Court
U.S. Courts of Appeals for the First, Ninth, and Federal Circuits
U.S. District Court for the District of Maine
U.S. District Court for the District of Massachusetts
U.S. District Court for the Eastern District of Texas
Maine Bar Association
American Bar Association
Publications
“Not Your Grandfather’s Rules of Civil Procedure,” Maine Bar Journal, vol. 31, no. 3 (Summer/Fall 2016)
“Alice’s Adventures in Oz: Revealing the Man Behind the Curtain,” 9 Akron Intell. Prop. J. 29 (2015) (with David Swetnam–Burland)
“Patent Law 101: The Threshold Test as Threshing Machine,” Texas IP Law Journal, vol. 21, no. 1 (August 2013) (with David Swetnam–Burland)
“Back to the Future: Revisiting Zippo in Light of ‘Modern Concerns,’” 29 John Marshall J. of Comp. & Info. Law, No. 2 (Fall 2012) (with David Swetnam–Burland)
“Fractious Form 18,” 45 CONNtemplations 1 (2012) (with David Swetnam–Burland)
“Vendor Indemnification on the Open Range,” Intellectual Property Litigation, Vol. 23, No. 1 (2011) (with David Swetnam–Burland)“ResQNet: Rescuer or Wrecking Ball in Patent–Licensing Negotiations?”, Intellectual Property Litigation, Vol. 22, No. 1 (2010) (with David Swetnam–Burland)
Co–author of amicus curiae briefs for Internet retailers in leading patent cases in the U.S. Supreme Court, including Limelight Networks v. Akamai (2014) (elements of proof of indirect patent infringement); Alice Corp. v. CLS Bank Inter’l (2014) (effect of a presence of a computer in a claim on patent eligibility); Microsoft v. i4i (2010) (standard of proof of patent invalidity); and Bilski v. Kappos (2009) (patent eligibility of business method patents)
Stacy has co–authored amicus briefs for internet retailers in leading patent cases in the United States Supreme Court and the Federal Circuit Court of Appeals, and law review articles on key issues in patent litigation. Stacy has regularly been identified as a “Super Lawyer” in Intellectual Property Litigation and Business Litigation by Super Lawyers Magazine. As described by a client in Benchmark Litigation:
“Stacy Stitham is an excellent technical lawyer and helps us with discovery and case assessment in patent infringement cases, and Peter Brann helps in negotiating on our behalf both with patent holders and with our indemnitors. They are very practical, no-nonsense lawyers—how to mitigate risk and not get bogged down.”