News & Analysis as of

Civil Procedure Intellectual Property Business Organization

Read Civil Procedure updates, alerts, news, and legal analysis from leading lawyers and law firms:

CAFC Issues Writ of Mandamus reversing Eastern District of Texas 4-Factor Test for a “Regular and Established Place of Business”...

In In re: Cray, Inc, No. 2017-129, the CAFC issued a writ of mandamus vacating Judge Gilstrap’s decision involving venue under 28 U.S.C. §1400(b) in Raytheon Co. v. Cray Inc., Case No. 15-cv-1554 (E.D. Texas). That earlier...more

In re Cray Inc. (Fed. Cir. 2017)

Judge Gilstrap's Short-lived Venue Calculus - The Federal Circuit has spent more than a decade as the Supreme Court's favorite judicial whipping boy, usually because the Court apprehended that their appellate inferior had...more

Interpretations of TC Heartland Add Uncertainty to Patent Litigation

In May 2017, the U.S. Supreme Court in TC Heartland v. Kraft Foods reversed more than 25 years of Federal Circuit precedent when it held that for venue purposes a corporation is resident only in its state of incorporation. In...more

MBHB Snippets: A review of developments in Intellectual Property Law - Volume 15, Issue 3

The DTSA After One Year: Has the Federal Trade Secrets Law Met Expectations? - On May 11, 2017, the Defend Trade Secrets Act (DTSA) – the law that created a Federal cause of action for trade secret misappropriation –...more

Recent Supreme Court Decision Constrains Forum Shopping in Patent Infringement Cases

by Lane Powell PC on

Until recently, if you were a plaintiff and wanted to bring a patent infringement claim, you could file suit almost anywhere. That has now changed....more

My Company Can be Sued Where?: Supreme Court Resolves Some Questions of Where Businesses May Be Sued for Patent Infringement but...

by Smith Anderson on

After a long period in which the U.S. Supreme Court considered intellectual property issues only occasionally, the Court has frequently focused on intellectual property matters in recent years, reflecting the increasing...more

District Courts Remain Split on TC Heartland and Waiver of Improper Venue Defense

The Supreme Court’s decision five months ago in TC Heartland v. Kraft Food Group Brands was a sea change in the way courts interpret venue for patent infringement cases. Since the Federal Circuit’s decision in VE Holding...more

Return of the Rocket Docket?: New Case Law Potentially Changes the Tide of Patent Lawsuits Fleeing Favored Venues

by Baker Donelson on

The United States Supreme Court’s May decision in TC Heartland LLC v. Kraft Foods Group Brands LLC was widely seen as a limitation on the jurisdictions in which a patent owner can file infringement claims. That decision set...more

[Webinar] Venue and Exhaustion: Practical Effects of TC Heartland and Lexmark - July 26th, 10:00 am China, CST

The U.S. Supreme Court recently issued highly anticipated opinions in two patent cases, both of which may have a profound impact internationally....more

“Not so fast . . .”: Eastern District of Texas Adopts Approach that Narrows Impact of TC Heartland 

When the US Supreme Court decision in TC Heartland was published, many patent practitioners thought that the decision would adversely affect the Eastern District of Texas, a popular venue for patentees because of its quick...more

Federal Circuit Review - June 2017

by Knobbe Martens on

Inter Partes Reexamination Estoppel Attaches On Claim-by-Claim Basis for New Requests and Pending Proceedings - In In re Affinity Labs Of Texas, LLC, Appeal Nos. 2016-1092, 2016-1172, the Federal Circuit held that the...more

N.D. and E.D. Tex. Courts Find Waiver of Venue Defense Notwithstanding TC Heartland Decision

The Supreme Court’s recent holding in TC Heartland settled several points of law: first, 28 U.S.C. § 1400(b) is the “sole and exclusive provision controlling venue in patent infringement actions; second, the broader venue...more

[Webinar] What TC Heartland Means for Your Business: Practical Strategies For The Next Era Of Patent Litigation - June 29th,...

by BakerHostetler on

This timely webinar will provide insight for business leaders and legal counsel on the implications of the recent U.S. Supreme Court decision in TC Heartland LLC v. Kraft Foods Group Brands LLC, which has reshaped procedural...more

Intellectual Property Newsletter - June 2017

by Shearman & Sterling LLP on

Shearman & Sterling’s IP litigation team has published its quarterly newsletter. The newsletter covers a wide range of current IP topics: the Supreme Court’s TC Heartland patent-venue decision, the constitutionality of inter...more

The Federal Circuit Grapples With a Messy Breakup and Trademark Ownership

by Dorsey & Whitney LLP on

Last week, the U.S. Court of Appeals for the Federal Circuit provided important guidance on the standard applicable to resolving disputes over the rightful ownership of a trademark where the mark has been used by a group of...more

Supreme Court Narrows Choice of Court to File Patent Infringement Actions

by Genova Burns LLC on

The Supreme Court used a dispute over flavored drink mix to settle a question regarding the proper venue for patent infringement actions, unanimously ruling in TC Heartland LLC v. Kraft Foods Group Brands LLC, No. 16-341,...more

Business Litigation Report - May 2017

Recent Decisions Regarding Discovery Scope and Proportionality Requirements Under New Federal Rules - Over the past eighteen months, federal courts have issued numerous important decisions clarifying the impact of the most...more

The Supreme Court Rolled Back Patent Venue — What Will Happen Now for Copyright?

by Dorsey & Whitney LLP on

The Supreme Court recently sounded the death knell for patent litigation in the Eastern District of Texas, overruling the Federal Circuit’s interpretation of 28 U.S.C. § 1400(b) and dramatically reducing forum shopping in...more

New U.S. Supreme Court decision changes venue rules in patent cases

by McAfee & Taft on

Early last week, the U.S. Supreme Court reversed the Federal Circuit in an 8-0 decision that will make it easier for companies to defend patent infringement lawsuits. In TC Heartland LLC v. Kraft Foods Group Brands, LLC, the...more

TC Heartland: The Impact of Updating Patent Venue Rules

The United States Supreme Court has been chipping away at patent rights for the past decade. The latest blow occurred on May 22, 2017, when the Court crippled the ability of patent holders to engage in forum shopping in TC...more

U.S. Supreme Court Shuts Down Patent Troll Venue Shopping

by Wilson Elser on

On May 22, 2017, the U.S. Supreme Court issued its unanimous decision in TC Heartland LLC v. Kraft Foods Group Brands LLC, No. 16-341, S.Ct. 2017, and drastically changed the politics of venue selection in patent cases. The...more

[Webinar] 2017 Litigation Update - June 14th, 12:00pm CT

by Brinks Gilson & Lione on

On Wednesday, June 14, 2017, at 12:00pm CT, the Litigation practice group will present the webinar, "2017 Litigation Update." Attorneys David P. Lindner, James K. Cleland, Alex J. Fernandez, and Andrew McElligott will present...more

U.S. Supreme Court Seriously Limits Forum Shopping For Patent Litigation In Unanimous Decision

For close to 30 years, patent owners have been able to strategically select the best location for a patent litigation, assuming that the defendant sold the contested product in that location. Popular "rocket docket" courts...more

Mitigating Risk at the Intersection of Business and Patents

by Lane Powell PC on

Public sales and offers to sell can trigger the on sale bar without a public disclosure of the invention - Since its enactment in 2011, many practitioners (and the U.S. Patent and Trademark Office (USPTO) itself) have...more

U.S. Supreme Court Addresses Scope of Patent Venue

by Jones Day on

In TC Heartland LLC v. Kraft Foods Group Brands LLC, the U.S. Supreme Court resolved where a domestic corporation "resides" for purposes of the patent venue statute. The Court narrowed the meaning of "resides" under 28 U.S.C....more

123 Results
|
View per page
Page: of 5
Cybersecurity

Follow Civil Procedure Updates on:

"My best business intelligence,
in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up using*

Already signed up? Log in here

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.