Patent Litigation Alert: Federal Circuit Limits Forum-Shopping


The Federal Circuit last week issued two opinions that substantially impact the tactics used in Texas-based patent litigation. In Hewlett-Packard v. Acceleron,* the court revisited declaratory judgment jurisdiction, finding that carefully crafted pre-suit correspondence from nonpracticing entity Acceleron could not prevent a declaratory judgment action in Delaware. In another case earlier in the week, the Federal Circuit issued a rare writ of mandamus, ordering transfer of a case out of the Eastern District of Texas.

Please see full article below for more information.

LOADING PDF: If there are any problems, click here to download the file.

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.

© Fenwick & West LLP | Attorney Advertising

Written by:


Fenwick & West LLP on:

JD Supra Readers' Choice 2016 Awards
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:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*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.