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Patents

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

Failure to Provide an Unconditional Covenant Not to Sue Kept Case and Controversy Alive

In ArcelorMittal v. AK Steel Corp., [2016-1357] (May 16, 2017), the Federal Circuit affirmed the summary judgment invalidating claims 24 and 25 of U.S. Patent No. RE44153....more

Supreme Court Decision in TC Heartland Will Limit Venue Choice in Patent Litigation

by Foley Hoag LLP on

The Supreme Court on May 22, 2017 issued its highly anticipated decision in TC Heartland LLC v. Kraft Food Brands Group LLC, regarding the proper interpretation of the patent venue statute, 28 U.S.C. § 1400(b). In a unanimous...more

Supreme Court Restricts Where Patent Cases Can Be Filed

TC Heartland LLC v. Kraft Foods Group Brands LLC, Case No. 16-341 (May 22, ??2017)? - In an 8-0 opinion written by Justice Thomas (Justice Gorsuch did not participate), the ?Supreme Court rules that a defendant “resides”...more

Supreme Court Alters the Landscape of Venue for Patent Infringement Litigation

by Brinks Gilson & Lione on

On May 22, 2017, the Supreme Court of the United States issued a decision in TC Heartland LLC v. Kraft Foods Group Brands LLC (Case No. 16-341) altering the landscape of venue for patent infringement litigation. The Supreme...more

U.S. Supreme Court Upends Nearly 30 Years of Patent Venue Law

by Bass, Berry & Sims PLC on

Yesterday, the U.S. Supreme Court issued its much-anticipated decision in TC Heartland LLC v. Kraft Foods Group Brands LLC officially reinstating a more restrictive standard for where patent holders can file patent...more

SCOTUS: Supreme Court Limits Venue Where Patent Suits Can Be Filed

On May 22, 2017, in TC Heartland LLC v. Kraft Food Brands Grp. LLC, 581 U.S. ___ (2017), the Supreme Court reversed a long-standing practice permitting venue over domestic corporations to be had wherever the court had...more

US Supreme Court Clarifies Where Corporations Can Be Sued for Patent Infringement

by Morgan Lewis on

The United States Supreme Court clarified that 28 U.S.C. § 1400 is the exclusive venue statute for patent infringement cases, so the definition of “residence” for domestic corporations is limited to where they are...more

Supreme Court Reins in Venue for Patent Cases

by Burr & Forman on

For nearly three decades, patent owners have been able to file patent infringement lawsuits in any court that had personal jurisdiction over the accused infringer. This broad approach to venue led to the rise of remote...more

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

by Sherman & Howard L.L.C. on

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...more

Unanimous Supreme Court Decision Limits Venue in Patent Infringement Suits

by Snell & Wilmer on

In yet another unanimous intellectual property decision, the United States Supreme Court recently held in TC Heartland LLC v. Kraft Foods Group Brands LLC that “reside,” as used in the patent venue statute, 28 U.S.C. §...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

Bid Farewell to Texas...

by Hodgson Russ LLP on

On May 22, 2017, the Supreme Court significantly narrowed where a patent infringement lawsuit may be brought against a United States corporation. In TC Heartland LLC v. Kraft Foods Group Brands LLC, the Supreme Court agreed...more

The Supreme Court Reverses Decades-Old Venue Precedent and Re-affirms Fourco

by Foley & Lardner LLP on

Setting up a major shift in patent litigation, the Supreme Court in T.C. Heartland LLC v. Kraft Foods Group Brands LLC, today rejected the long-standing Federal Circuit precedent of VE Holding Corp. v. Johnson Gas Appliance...more

Apple v. Samsung: What Does it Really Mean for Consumer Product Companies?

In 2011, Apple sued Samsung in the U.S. District Court for the Central District of California (Apple Inc. v. Samsung Electronics Co., Ltd.) alleging that several Samsung smartphones infringed utility and design patents owned...more

IP Alert: "Supreme Court Restricts Where Patent Suits May Be Filed"

by Porter Hedges LLP on

Yesterday the U.S. Supreme Court tightened the reins on where patent infringement lawsuits may be filed. In a closely watched case, the Court reversed the decades-old Federal Circuit interpretation that permitted patent...more

Shire Development, LLC v. Mylan Pharms., Inc.

by Robins Kaplan LLP on

Case Name: Shire Development, LLC v. Mylan Pharms., Inc., No: 12-1190-T-36AEP, 2017 U.S. Dist. LEXIS 11441 (M.D. Fla. Jan. 27, 2017) (Honeywell, J.). Drug Product and Patent(s)-in-Suit: Lialda® (mesalamine); U.S. Patent...more

The World In U.S. Courts - Spring 2017

Cases discussed in this issue - Alien Tort Statute (ATS)/Torture Victims Protection Act (TVPA)/Political Question Doctrine/Foreign Sovereign Immunity Act (FSIA)/Act of State Doctrine - Court of Appeals Considers US...more

Future IP Challenges: What Companies in the Internet of Things Space Can Expect

by Hogan Lovells on

In this hoganlovells.com interview, Hogan Lovells partner Dr. Chris Mammen looks at the platforms that could emerge to dominate and drive the internet of things (IoT) space and the related patent and licensing issues that...more

TC Heartland LLC v. Kraft Foods Group Brands LLC (2017)

On May 22, 2017, in TC Heartland LLC v. Kraft Foods Group Brands LLC, the Supreme Court reversed the Federal Circuit and held that the word "resides" in the patent venue statute, 28 U.S.C. § 1400(b), "refers only to the State...more

There's No Place Like Home: SCOTUS Rules on Patent Venue Issue

by Ballard Spahr LLP on

The U.S. Supreme Court yesterday upended the status quo for venue in patent cases. For nearly three decades, with some limitations, corporate patent infringement defendants were deemed to "reside"—and thus venue was proper—in...more

Supreme Court Ruling Affects Patent Venue

by Holland & Knight LLP on

The patent venue statute, 28 U.S.C. 1400(b) (the statute), states that "[a]ny civil action for patent infringement may be brought in the judicial district where the defendant resides, or where the defendant has committed acts...more

The United States Supreme Court Limits Where Patent Infringement Cases Can Be Filed

by Clark Hill PLC on

The United States Supreme Court limited the locations where patent infringement suits can be filed, in its decision in TC Heartland v. Kraft Foods Group Brands LLC on May 22, 2017. Previously, patent owners could sue...more

Patent Lawsuit Map May Shift As Supreme Court Restricts Venue In Patent Infringement Cases

by Fox Rothschild LLP on

A much-anticipated decision from the U.S. Supreme Court has scaled back the ability of patent plaintiffs to choose the forum in which they file suit. By limiting a practice that many defendants consider to be forum shopping...more

The Federal Circuit Affirms the Patent Trial and Appeal Board’s Invalidation of All Claims of a Gilenya® Patent

by K&L Gates LLP on

Torrent Pharmaceuticals (“Torrent”), Apotex Inc., and Mylan Pharmaceuticals filed two inter partes review (“IPR”) petitions in 2014 seeking review of all claims of U.S. Patent 8,324,283 (the “’283 patent”), which is related...more

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