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Science, Computers & Technology Intellectual Property

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Supreme Court Decision Limits Venue Statute in Patent Litigation

by Lathrop & Gage LLP on

On May 22, 2017, in a highly-anticipated decision that could dramatically alter the landscape of patent litigation, the United States Supreme Court held that the “resides” prong of the patent venue statute, 28 U.S.C....more

The Supreme Court Narrows Forum Shopping in Patent Infringement Cases Against Domestic Companies in TC Heartland v. Kraft Food...

On May 22, 2017, the US Supreme Court unanimously rejected prior case law allowing patent holders to rely on the general venue statute, 28 U.S.C. § 1391(c), to file suit where a domestic defendant makes sales. TC Heartland,...more

Federal Circuit Finds Claims Directed to Encoding and Decoding Image Data Patent-Ineligible

The Federal Circuit recently held in RecogniCorp, LLC v. Nintendo Co., Ltd. (Fed. Cir. 2016) that claims directed to encoding and decoding image data were not patent-eligible under 35 U.S.C. § 101. This ruling further...more

SCOTUS Messed with Texas: Supreme Court Limits Venue in Patent Cases

by Bryan Cave on

Yesterday, the U.S. Supreme Court re-defined the scope of venue in patent cases in TC Heartland LLC v. Kraft Foods Group Brands LLC, 581 U.S. ___ (2017). Under the Supreme Court’s ruling, venue in patent cases will now be...more

What Rights Will I Lose if I Pitch My Invention to Investors Before I File a Patent Application?

by Ward and Smith, P.A. on

Did you know that the individual often credited with popularizing karaoke did not reap the financial rewards of his invention to the extent possible? It's true—Japanese musician Daisuke Inoue invented karaoke in Kobe, Japan...more

Changes to pharmaceutical/biopharmaceutical patent litigation in Canada

by DLA Piper on

As a result of the Comprehensive Economic Trade Agreement with the European Union, significant changes to the patent linkage provisions and patent litigation framework relating to generic and biosimilar drug approval in...more

BREAKING: High Court Limits Where Patent Suits Can Be Filed

by Miller Canfield on

The U.S. Supreme Court just shook up the patent world with its decision in TC Heartland LLC v. Kraft Foods Group Brands LLC. For nearly 30 years, companies accused of patent infringement could be sued in nearly any place they...more

U.S. Supreme Court Halts Forum Shopping In Patent Infringement Cases

On May 22, the U.S. Supreme Court issued an important and long-awaited Opinion in TC Heartland LLC v. Kraft Foods Group Brands LLC, a case that centered on where a patent infringement suit can be filed. In a resounding 8-0...more

Clarity on Doctrine of Equivalents Analysis for Chemical Claims

Mylan Institutional LLC v. Aurobindo Pharma Ltd, No. 2017-1645 (Fed. Cir. May 19, 2017) - On May 19, 2017, the Federal Circuit addressed and modified a rare grant of a preliminary injunction based on the doctrine of...more

Supreme Court Holds That U.S. Corporations “Reside” Only in Their State of Incorporation for Patent Venue Purposes, But Questions...

by Kelley Drye & Warren LLP on

Highlights and Impact: On May 22, 2017, in TC Heartland LLC v. Kraft Foods Group Brands LLC, the Supreme Court held 8 – 0 that a domestic corporation “resides” only in its state of incorporation for the purpose of...more

EDTX Interprets Federal Circuit Precedent Narrowly, Recommends Applying §315 Estoppel Broadly

by Jones Day on

In Biscotti Inc. v. Microsoft Corp., Magistrate Judge Payne recommended that estoppel under §315(e) apply broadly against Microsoft in an upcoming patent infringement trial scheduled for early June 2017. No....more

Supreme Court Limits Where Patent Cases Can Be Brought—Can You Move to Your Home Court?

by Blank Rome LLP on

The Supreme Court, in TC Heartland LLC v. Kraft Foods Group Brands LLC, issued an opinion that may limit the number of patent suits brought in courts perceived to be plaintiff-friendly and may give companies the opportunity...more

Sanofi v. Lupin Atlantis Holdings SA

by Robins Kaplan LLP on

Case Name: Sanofi v. Lupin Atlantis Holdings SA, Civ. No. 15-415-RGA, 2017 U.S. Dist. LEXIS 10653 (D. Del. Jan. 26, 2017) (Andrews, J.). Drug Product and U.S. Patent: Multaq® (dronedarone tablets); U.S. Patent No....more

Supreme Court Limits Forum Shopping Options in Patent Litigation

by Saul Ewing LLP on

On Monday, May 22, 2017, the U.S. Supreme Court issued a decision in TC Heartland LLC v. Kraft Foods Group Brands LLC, that limits a patentee’s choices of venue in patent infringement litigation. Specifically, the Supreme...more

TC Heartland: Supreme Court Makes Venue Shopping More Difficult for Patent Trolls

In the highly anticipated case on patent-venue shopping, TC Heartland LLC v. Kraft Foods Group Brands LLC, No. 16-341 (S. Ct. May 22, 2017), the Supreme Court reversed and remanded the decision of the Federal Circuit, putting...more

Practical Issues for the Pharmaceutical and Biopharmaceutical Industry in the Wake of TC Heartland

The US Supreme Court this week held that the broad venue provision of 28 U.S.C. § 1391(c) does not apply to patent law—at least, when the defendant is a domestic entity. This decision arises after years of judicial...more

Supreme Court Curbs Venue Shopping in Patent Infringement Cases—Delaware Likely to See Increase in Infringement Actions

Venue Shopping Used for Decades Has Been Curtailed - For the last 25 years, patent owners have taken advantage of a broad interpretation of venue rules to pursue infringement claims in more plaintiff-friendly...more

Did The Supreme Court Just Close The Door On Eastern District Of Texas Patent Plaintiffs?

by Weintraub Tobin on

For over 25 years, the Court of Appeals for the Federal Circuit and the United States district courts have interpreted the patent venue statute 28 U.S.C. §1400(b) to allow plaintiffs to bring patent infringement cases against...more

The Crash of the Rocket Docket: Supreme Court Drastically Changes Where Patent Infringement Cases Can Be Filed

by Baker Donelson on

On May 22, 2017, the Supreme Court issued a unanimous decision in TC Heartland LLC v. Kraft Foods Group Grands LLC. At issue was whether Kraft Foods selected the proper venue for suing TC Heartland for infringement. TC...more

PTAB Invalidates Patent for Blockbuster Drug HUMIRA®

The PTAB issued a Final Written Decision in Coherus BioSciences Inc. v. AbbVie Biotechnology Ltd., IPR2016-00172 (P.T.A.B. May 16, 2017) finding claims 1-5 of U.S. Patent No. 8,889,135 (“the ‘135 patent”) unpatentable....more

Protecting Intellectual Property from Employee Theft

by Revision Legal on

Business owners who, after an employee dispute or after terminating an employee, have been the victims of intellectual property theft often contact us. Often, the solutions to this problem can be incredibly costly. Here are...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

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

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

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