News & Analysis as of

Non-Practicing Entities

Back to the Future: Supreme Court Narrows Patent Venue in TC Heartland Case and Returns Dispute to State of Incorporation or Where...

by Williams Mullen on

The Supreme Court on Monday substantially narrowed the district court venues available to patent owners seeking to sue for infringement. In TC Heartland LLC v. Kraft Foods Group Brands LLC, 581 U.S. ___ (2017), the Supreme...more

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

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

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

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

Dubious Patent Trolls and a Crowdfunded Infringement Defense

We’ve spent time discussing the patent troll phenomenon in the past. Patent trolls are less pejoratively referred to as non-practicing entities, because they do not make or use the inventions covered by their patents. ...more

ITC Opens the Door Wider To Non -Practicing Entities

by Dickinson Wright on

In a recent ruling, the International Trade Commission permitted a non-practicing entity to rely on the activities of its licensee to establish the “economic industry” prong of the domestic industry requirement. In...more

In Rare Final Written Decision for “Anti-Troll” Group, Lack of Expert Declaration Dooms Patent

Petitioner Unified Patents, LLC filed an IPR petition challenging 29 claims of US Pat. No. 8,640,183 owned by Convergent Media Solutions, LLC. Unified’s numerous inter partes review (“IPR”) petitions rarely reach a final...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

The Fate of Patent Laches: SOL

by Stoel Rives LLP on

On Tuesday, the U.S. Supreme Court abolished a decades-old rule that allowed for application of the equitable defense of laches in patent cases. Until now, patent owners were required to justify filing suit after a period of...more

Finding of Exceptionality Leaves Unsuccessful Infringement Plaintiff Liable for Over $50 Million in Attorney Fees and Costs

Needless to say, a finding of exceptionality under 35 U.S.C. § 285 can have crippling consequences. Just ask Rembrandt Technologies, LP, which recently was slapped with an order to pay the prevailing defendants in a...more

NPE’s Warning Letters, In-Person Meeting with Accused Infringer, and Prior Lawsuits Are Sufficient To Establish Person...

by Brooks Kushman P.C. on

In a recent case applying the constitutional limits of personal jurisdiction in a declaratory judgment action filed by an accused patent infringement against a foreign non-practicing entity, the U.S. Court of Appeals for the...more

Sportbrain Sues Smartwatch Manufacturers, PTAB institutes IPR against Patent-in-Suit

Sportbrain Holdings LLC (“Sportbrain”) is a company that was previously engaged in the business of selling fitness trackers. Sportbrain recently sued eight smartwatch manufacturers for alleged infringement of its U.S. Patent...more

Intellectual Property Bulletin - Winter 2017

by Fenwick & West LLP on

A Smooth Patch in a Rough Road? Governmental Transition and Intellectual Property - Whenever a new Congress convenes, some IP issues come to the fore while others take a back seat. Transition to a new administration in...more

Halo: Cause for Counsel

by Miles & Stockbridge P.C. on

With the Supreme Court’s decision in Halo Electronics overruling the 2007 Seagate case, non-practicing entities (“NPEs”) may resume an old, familiar practice to enable them to make a case for willful infringement. See Halo...more

Patent Rights in the U.S.: Is the Pendulum Finally Swinging Back to Center?

The U.S. patent system has long struggled to strike a balance that both encourages patent rights and prevents patent abuse. Finding that balance requires giving patent owners the right amount of patent enforcement power,...more

ITC Section 337 Update – August 2016

by King & Spalding on

DeLorme Seeks Certiorari Review Of Consent Order Penalty Based On Expired Patent — On July 13, 2016, DBN Holding, Inc. and BDN LLC (“DeLorme”) filed a petition for writ of certiorari to review a judgment of the United States...more

Rising Tide of State-Enacted Patent Reform

It started with Vermont in 2013. Since then, over half the states have enacted legislation aimed at curbing patent infringement suits from non-practicing entities. Now, the band may add another member: Massachusetts....more

To Confer Standing, Assignment Must Transfer Entire Exclusive Right

by McDermott Will & Emery on

Addressing the issue of standing, the US Court of Appeals for the Federal Circuit affirmed a district court’s dismissal of a patent case brought by an exclusive licensee, finding that the original assignee had not transferred...more

In re: TC Heartland LLC: Status Quo for Venue Selection in Patent Suits (For Now)

by Foley & Lardner LLP on

The Federal Circuit, in In re: TC Heartland LLC (No. 2016-105), recently issued an opinion denying TC Heartland’s petition for a writ of mandamus to direct the U.S. District Court for the District of Delaware to either...more

Equitable Estoppel Stops NPE From Asserting Patents that its Assignor Failed to Assert

In High Point SARL v. Sprint Nextel Corporation, [2015-1298] (April 5, 2016), the Federal Circuit affirmed summary judgment that equitable estoppel and laches preclude prosecution of High Point’s claims for infringement of...more

The Threshold of Exceptionality: There Is a Line, and It Can Be Crossed

by Foley & Lardner LLP on

Non-practicing entity (“NPE”) plaintiffs beware and NPE defendants be delighted: sanctions for objectively unreasonable claims and conduct are alive and well. Defendants in NPE litigations, particularly in the Eastern...more

What is a Patent Troll and Why are you Always Hearing about Them?

by Davis Brown Law Firm on

The term “Patent Troll” has been around for a long time. According to the Wikipedia page for “Patent Troll,” it was first used in 1993 to describe countries that file aggressive patent lawsuits. Though there are a variety of...more

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