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Intellectual Property Civil Procedure

Read Intellectual Property Law updates, alerts, news, and legal analysis from leading lawyers and law firms:

Is A Respondent’s Own Post-Importation Infringement A Violation Of Section 337?

by Jones Day on

Before 2011, the ITC routinely found violations of Section 337 based on the infringement of method claims through a respondent’s own use of an article post-importation. This changed when the ITC issued its Opinion in Certain...more

Failure to Provide an Unconditional Covenant Not to Sue Kept Case and Controversy Alive

In ArcelorMittal v. AK Steel Corp., [2016-1357] (May 16, 2017), the Federal Circuit affirmed the summary judgment invalidating claims 24 and 25 of U.S. Patent No. RE44153....more

Supreme Court Decision in TC Heartland Will Limit Venue Choice in Patent Litigation

by Foley Hoag LLP on

The Supreme Court on May 22, 2017 issued its highly anticipated decision in TC Heartland LLC v. Kraft Food Brands Group LLC, regarding the proper interpretation of the patent venue statute, 28 U.S.C. § 1400(b). In a unanimous...more

Supreme Court Restricts Where Patent Cases Can Be Filed

TC Heartland LLC v. Kraft Foods Group Brands LLC, Case No. 16-341 (May 22, ??2017)? - In an 8-0 opinion written by Justice Thomas (Justice Gorsuch did not participate), the ?Supreme Court rules that a defendant “resides”...more

Supreme Court Alters the Landscape of Venue for Patent Infringement Litigation

by Brinks Gilson & Lione on

On May 22, 2017, the Supreme Court of the United States issued a decision in TC Heartland LLC v. Kraft Foods Group Brands LLC (Case No. 16-341) altering the landscape of venue for patent infringement litigation. The Supreme...more

U.S. Supreme Court Upends Nearly 30 Years of Patent Venue Law

by Bass, Berry & Sims PLC on

Yesterday, the U.S. Supreme Court issued its much-anticipated decision in TC Heartland LLC v. Kraft Foods Group Brands LLC officially reinstating a more restrictive standard for where patent holders can file patent...more

SCOTUS: Supreme Court Limits Venue Where Patent Suits Can Be Filed

On May 22, 2017, in TC Heartland LLC v. Kraft Food Brands Grp. LLC, 581 U.S. ___ (2017), the Supreme Court reversed a long-standing practice permitting venue over domestic corporations to be had wherever the court had...more

Supreme Court Changes the Landscape of Patent Litigation

by Benesch on

For decades, accused infringers have been hailed into venues across the country where they have little or no presence. The rationale applied for justifying venue in such cases has been that the term “resides” as used in the...more

The Supreme Court - May 22, 2017

by Dorsey & Whitney LLP on

The Supreme Court of the United States issued decisions in three cases today: TC Heartland LLC v. Kraft Foods Group Brands LLC, No. 16-341: Respondent Kraft Foods brought a patent infringement suit against petitioner TC...more

US Supreme Court Clarifies Where Corporations Can Be Sued for Patent Infringement

by Morgan Lewis on

The United States Supreme Court clarified that 28 U.S.C. § 1400 is the exclusive venue statute for patent infringement cases, so the definition of “residence” for domestic corporations is limited to where they are...more

Supreme Court Reins in Venue for Patent Cases

by Burr & Forman on

For nearly three decades, patent owners have been able to file patent infringement lawsuits in any court that had personal jurisdiction over the accused infringer. This broad approach to venue led to the rise of remote...more

Intellectual Property Update: U.S. Supreme Court: Patent Infringement Lawsuits Should Be Filed in Defendant’s State of...

by Sherman & Howard L.L.C. on

On May 22, 2017, the United States Supreme Court unanimously reversed a decision by the U.S. Court of Appeals for the Federal Circuit, which had held that a claim for patent infringement could be brought in nearly any federal...more

Unanimous Supreme Court Decision Limits Venue in Patent Infringement Suits

by Snell & Wilmer on

In yet another unanimous intellectual property decision, the United States Supreme Court recently held in TC Heartland LLC v. Kraft Foods Group Brands LLC that “reside,” as used in the patent venue statute, 28 U.S.C. §...more

Texas’ Loss is Delaware’s Gain: Navigating the Post-TC Heartland Landscape of Patent Litigation

On May 22, 2017, the U.S. Supreme Court disrupted nearly three decades of patent venue practice by reversing the Federal Circuit in TC Heartland v. Kraft Foods. The Supreme Court’s decision in TC Heartland significantly...more

Supreme Court’s TC Heartland Decision Will Move Venue Out of E.D. Texas

by Ropes & Gray LLP on

On May 22, 2017, in TC Heartland LLC v. Kraft Foods Group Brands LLC, the Supreme Court unanimously overturned nearly thirty years of Federal Circuit law regarding venue in patent infringement cases, holding that the patent...more

Bid Farewell to Texas...

by Hodgson Russ LLP on

On May 22, 2017, the Supreme Court significantly narrowed where a patent infringement lawsuit may be brought against a United States corporation. In TC Heartland LLC v. Kraft Foods Group Brands LLC, the Supreme Court agreed...more

US Supreme Court limits scope of venue for patent infringement litigation

by Dentons on

In TC Heartland LLC v. Kraft Foods Group Brands LLC, No. 16-341, 2017 WL 2216934 (May 22, 2017), the United States Supreme Court narrowed the choice of venue for patent infringement cases, overturning the Federal Circuit’s...more

The Supreme Court Reverses Decades-Old Venue Precedent and Re-affirms Fourco

by Foley & Lardner LLP on

Setting up a major shift in patent litigation, the Supreme Court in T.C. Heartland LLC v. Kraft Foods Group Brands LLC, today rejected the long-standing Federal Circuit precedent of VE Holding Corp. v. Johnson Gas Appliance...more

One Year of the Defend Trade Secrets Act

May 16, 2017 marked the first anniversary of the Defend Trade Secrets Act. What has the year taught us about this new federal cause of action for trade secret misappropriation? Here are the top 13 lessons from the first...more

Apple v. Samsung: What Does it Really Mean for Consumer Product Companies?

In 2011, Apple sued Samsung in the U.S. District Court for the Central District of California (Apple Inc. v. Samsung Electronics Co., Ltd.) alleging that several Samsung smartphones infringed utility and design patents owned...more

IP Alert: "Supreme Court Restricts Where Patent Suits May Be Filed"

by Porter Hedges LLP on

Yesterday the U.S. Supreme Court tightened the reins on where patent infringement lawsuits may be filed. In a closely watched case, the Court reversed the decades-old Federal Circuit interpretation that permitted patent...more

Supreme Court Restricts Forum Shopping in Patent Infringement Case

by Stoel Rives LLP on

On Monday (May 22, 2017), the U.S. Supreme Court dealt a significant win to companies accused of patent infringement. The decision in TC Heartland LLC v. Kraft Foods Group Brands LLC, No. 16-341 (S. Ct. May 22, 2017) (8-0)...more

Pfizer Files Two Petitions for IPR of Chugai Pharmaceutical’s Protein Purification Patents

by Goodwin on

Pfizer, Inc. has filed two petitions for IPR of Chugai Pharmaceuticals’s patents: IPR2017-01357 on U.S. Patent 7,332,289 and IPR2017-01358 on U.S. Patent 7,927,815. According to the petitions, both patents are directed to...more

Shire Development, LLC v. Mylan Pharms., Inc.

by Robins Kaplan LLP on

Case Name: Shire Development, LLC v. Mylan Pharms., Inc., No: 12-1190-T-36AEP, 2017 U.S. Dist. LEXIS 11441 (M.D. Fla. Jan. 27, 2017) (Honeywell, J.). Drug Product and Patent(s)-in-Suit: Lialda® (mesalamine); U.S. Patent...more

The World In U.S. Courts - Spring 2017

Cases discussed in this issue - Alien Tort Statute (ATS)/Torture Victims Protection Act (TVPA)/Political Question Doctrine/Foreign Sovereign Immunity Act (FSIA)/Act of State Doctrine - Court of Appeals Considers US...more

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