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

Sherman & Howard L.L.C.
Contact

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 district where the alleged infringer was selling goods or services. Overturning the lower court’s ruling, the Supreme Court provided clarity regarding the appropriate jurisdiction for bringing such claims. In TC Heartland LLC v. Kraft Foods Group Brands LLC, the Court held that, pursuant to federal statue governing proper jurisdiction, claims of patent infringement should be brought in the defendant’s state of incorporation. The holding will impact plaintiffs seeking to bring infringement actions in federal district courts thought to be friendly toward such claims, including the U.S. District Court for the Eastern District of Texas. The decision is expected to be a significant blow to so-called “patent trolls” – entities that obtain rights to patents in order to profit by means of licensing or litigation, rather than the actual production of goods or services.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Sherman & Howard L.L.C. | Attorney Advertising

Written by:

Sherman & Howard L.L.C.
Contact
more
less

Sherman & Howard L.L.C. on:

Reporters on Deadline

"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:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
- hide
- hide