News & Analysis as of

Forum Shopping

Rebalancing the Law on Asymmetric Jurisdiction Clauses

by Latham & Watkins LLP on

The English High Court has held that asymmetric jurisdiction clauses are exclusive jurisdiction clauses for the purposes of the Recast Brussels Regulation (the Recast Regulation). Where claims are issued by disputing...more

Will the Eastern District of Texas remain a preferred choice for U.S. patent suits?

by Hogan Lovells on

A disproportionate percentage of U.S. patent infringement cases are filed in a single judicial district in Texas – The Eastern District of Texas (“E.D. Texas”). E.D. Texas is home to approximately 30-40% of U.S. patent...more

Patent venue: a significant shift may be coming

by DLA Piper on

This year in TC Heartland v. Kraft Foods, the Supreme Court is poised to decide a patent venue lawsuit that could dramatically alter the landscape of US patent litigation. Currently, the Eastern District of Texas is extremely...more

TC Heartland v. Kraft: The Supreme Court Asks Tough Questions, Doesn’t Tip Its Hand After Oral Argument

On March 27, 2017, the U.S. Supreme Court heard oral argument in TC Heartland v. Kraft, a case that centers on where patent infringement lawsuits can be filed. Key Takeaways TC Heartland Argues: Stop Forum Shopping!...more

Will 30 Years Of Practice Be Overturned? Supreme Court Hears Oral Argument In TC Heartland v. Kraft Foods.

On Monday, March 27, 2017, the U.S. Supreme Court heard oral argument in TC Heartland v. Kraft Foods Group Brands LLC, a case that could have a profound impact on where patent infringement cases may be litigated....more

U.S. Supreme Court Hears TC Heartland Case

by Brinks Gilson & Lione on

On Monday, March 27, 2017, the U.S. Supreme Court heard oral arguments in TC Heartland LLC v. Kraft Food Brands Group LLC, (Case No. 16-341). This case considers whether venue for a patent infringement case is proper in any...more

Podcast - Supreme Court Preview: TC Heartland v. Kraft

by Ropes & Gray LLP on

What impact could the pending Supreme Court argument and decision in TC Heartland v. Kraft have on patent infringement litigation in the United States? With the oral argument scheduled for March 27, Doug Hallward-Driemeier,...more

An Intelligent Treatment of “Mass Actions” in Pennsylvania

by Reed Smith on

It is has been a rough few weeks for forum-shopping litigation tourists. We wrote the other day on the Missouri Supreme Court’s landmark opinion in State ex rel. Norfolk Southern Railway Co. v. Dolan, which held that...more

Missouri Supreme Court Significantly Limits Personal Jurisdiction in Nation's "Number One Judicial Hellhole"

by Faegre Baker Daniels on

On February 28, 2017, the Missouri Supreme Court issued an opinion significantly limiting the state’s personal jurisdiction over corporations. This limitation on statewide jurisdiction includes the courts of the City of St....more

TC Heartland v. Kraft: Will the Supreme Court Heed Calls to Reform Patent Venue Law?

Paul Cronin, a partner in Nutter’s Litigation and Intellectual Property Departments and a member of the firm’s Intellectual Property Litigation practice group, discussed the ramifications of the upcoming Supreme Court case,...more

The Devil's Dictionary of Bankruptcy Terms: Venue

by Polsinelli on

The "Devil's Dictionary" is a quick-reference guide for commercial lenders and other restructuring professionals. In this series, we highlight many of the buzz words found in the Dictionary and used in today's bankruptcy...more

Discovery Rule is Better Accrual Standard for Antitrust Claims

by Zelle LLP on

The Clayton Act creates a federal civil cause of action for anti-competitive business practices. The act as originally passed in 1914, however, did not include a statute of limitations. Thus, for approximately 40 years,...more

TC Heartland v. Kraft: Awaiting a 2017 Supreme Court Decision with Potentially Significant Implications for Patent Litigation

by King & Spalding on

Patent litigation continues to be concentrated in a small number of venues. Of the 4530 patent cases filed in 2016, for example, patentees chose the Eastern District of Texas more than one third of the time (1661 cases). In...more

This Year’s Top Ten IP Cases

#10 Design Patent Damages § 289 - Samsung Elecs. Co., v. Apple Inc., 580 U.S. _ (Dec. 6, 2016) - In the case of a multicomponent product, the relevant article of manufacture for arriving at a damages award under...more

Ninth Circuit Lowers Hurdle for Class Certification

On January 3, 2017, the Ninth Circuit Court of Appeals declined to adopt “administrative feasibility” as an independent requirement for class certification. It held that Rule 23 does not require class counsel to show at the...more

Supreme Court to Hear "The Republic of Texas is No More"1 Patent Venue Case; A Potential Blow to Patent Trolls

by McNair Law Firm, P.A. on

Many patent holders, including patent trolls, have long preferred the federal courts of the Eastern District of Texas because they have the reputation for being "plaintiff friendly." In 2016, 1668 patent cases were filed in...more

IP Law December Developments: What to Expect in the Future

by Farella Braun + Martel LLP on

December has been a hot month for IP law, with important developments in several cases that may significantly impact your intellectual property prosecution and enforcement strategies. Here is a brief summary of each of these...more

Will forum shopping days, like holiday shopping days, soon come to an end?

by Dorsey & Whitney LLP on

It’s no secret that plaintiffs bringing patent litigation choose the forum carefully. Though the appellate review of patent litigation is centralized in one appellate court with limited jurisdiction – the Court of Appeals for...more

Supreme Court May Overturn 25-Year Precedent on Forum Shopping

by Polsinelli on

Last week, the Supreme Court accepted an invitation to weigh in on the hotly contested issue of forum shopping. What the Court decides next could dramatically impact patent litigation throughout the nation....more

Supreme Court to Review Forum Shopping in Patent Infringement Litigation

by Brooks Kushman P.C. on

In a development that may signal a major change in patent litigation practice, the U.S. Supreme Court has granted certiorari to hear a challenge to the rules governing where patent owners can file infringement actions against...more

Supreme Court to Decide Patent Infringement Suit Venue Issue with Potentially Immense Implications

by Snell & Wilmer on

The U.S. Supreme Court this week granted TC Heartland, LLC’s (“Heartland’s”) petition for a writ of certiorari regarding the patent infringement venue statute, 28 U.S.C. § 1400(b). Heartland appealed the Federal Circuit’s...more

U.S. Supreme Court Grants Certiorari to Review Patent Venue Statute

by Foley & Lardner LLP on

On December 14, 2016, the Supreme Court granted certiorari in TC Heartland, LLC v. Kraft Foods Group Brands LLC. The question presented is: Whether 28 U.S.C. § 1400(b) is the sole and exclusive provision governing...more

Misjoinder and Forum Shopping by the Government

by Reed Smith on

We sometimes start our posts with disclaimers about how we do not know all the details of a case, perhaps supplemented by a little digging on the internet, or that we are not experts in some substantive area. We start this...more

Sanctions Imposed on Five Attorneys for Class Settlement Forum Shopping

by BakerHostetler on

Five Arkansas attorneys have been formally reprimanded by a federal judge in the Western District of Arkansas after stipulating to dismissal “for the purposes of seeking a more favorable forum and avoiding an adverse...more

California Federal Court Dismisses Inferior Complaint

by Reed Smith on

Inferior vena cava filters resemble what we used to call “daddy long legs.” You know what we mean: the spider-like creatures with small centers, from which long, bent legs emanate in all directions. That is sort of what IVC...more

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