News & Analysis as of

Patents Supreme Court of the United States Venue

Venable LLP

Event in Review: Forecasting Patent Litigation Trends in 2023

Venable LLP on

In a recent webinar sponsored by ChIPs, Venable associate Kaitlyn Rodnick moderated a panel that included Venable partners Megan Woodworth and Sarah Brooks, as well as Amanda Dittmar, in-house counsel at VIAVI Solutions....more

Dunlap Bennett & Ludwig PLLC

“Interim Control” – Federal Circuit Further Narrows the Scope of Patent Venue

The Federal Circuit has further narrowed the scope of patent venue statute in In re Volkswagen Group of America, Inc., holding that the requisite control a defendant must exercise over an in-district agent to establish patent...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - March 2022 #3

BASF Plant Sci., LP v. Commonw. Scientific and Indus. Research Org., Appeal Nos. 2020-1415, -1416, -1919, -1920 (Fed. Cir. Mar. 15, 2022) - Our Case of the Week, an appeal from the U.S. District Court for the Eastern...more

Fitch, Even, Tabin & Flannery LLP

Pendent Venue: What Is It, and Can You Still Rely on It?

Venue, in the context of the federal law, refers to the judicial district in which a case can be heard. Venue must be established for each cause of action in a case. In most federal civil litigation, proper venue is...more

McDermott Will & Emery

Special Report - 2020 IP Law Year in Review: Patents

McDermott Will & Emery on

In 2020, the US Supreme Court and Court of Appeals for the Federal Circuit continued to refine key aspects of intellectual property law on issues that will have an impact on litigation, patent prosecution and business...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - November 2020 #2

Valeant Pharmaceuticals North America LLC v. Mylan Pharmaceuticals Inc., Appeal No. 2019-2402 (Fed. Cir. Nov. 5, 2020) - In our Case of the Week, the Federal Circuit addressed a lingering question about venue following the...more

McDermott Will & Emery

Federal Circuit Continues Trend of Strict Adherence to Language of Patent Venue Statute

McDermott Will & Emery on

In a series of decisions, the US Court of Appeals for the Federal Circuit continued its trend of strict adherence to § 1400(b) when analyzing proper venue for patent infringement actions under the Supreme Court of the United...more

Dorsey & Whitney LLP

TC Heartland’s One Year Anniversary: Changes in Patent Venue

Dorsey & Whitney LLP on

It’s been one year since the TC Heartland decision was issued by the Supreme Court, and it’s had a big impact on patent litigation. See TC Heartland LLC v. Kraft Food Brands LLC, 137 S. Ct. 1514, 1521 (May 22, 2017)....more

Mintz - Intellectual Property Viewpoints

Federal Circuit clarifies that patent venue is proper only in a single judicial district within a multi-district state

In our continuing coverage of the post-TC Heartland landscape, the Federal Circuit recently clarified that venue is proper in only one district per state in In re BigCommerce, Inc., 2018-122 (Fed. Cir. May 15, 2018) (slip...more

McDonnell Boehnen Hulbert & Berghoff LLP

In re BigCommerce, Inc. (Fed. Cir. 2018)

The proper application of the patent venue statute, 28 U.S.C. § 1400(b) in the wake of the Supreme Court's decision in TC Heartland LLC v. Kraft Foods Group Brands LLC (2017), under recent Federal Circuit precedent (see In re...more

Foley & Lardner LLP

Federal Circuit Clarifies Venue Rule for Foreign Defendants Post-TC Heartland

Foley & Lardner LLP on

The Federal Circuit today in In re HTC Corp., Misc. 2018-130 (May 5, 2018), followed the holding of the Supreme Court in Brunette Machine Works, Ltd. v. Kockum Industries, Inc., 406 U.S. 706 (1972), that venue is proper as to...more

Foley & Lardner LLP

Unique Venue and Personal Jurisdiction Challenges of Foreign Corporations

Foley & Lardner LLP on

In 2017, the Supreme Court rejected the Federal Circuit’s longstanding interpretation of Personal Jurisdiction and Venue in patent infringement actions against domestic companies. 28 U.S.C. §§ 1391, 1400; see TC Heartland LLC...more

McDermott Will & Emery

Delaware Court Applies Acorda “Acts of Infringement” Definition to Post-TC Heartland Venue Analysis

McDermott Will & Emery on

Addressing a motion to dismiss for improper venue following TC Heartland, a Delaware district court held that an abbreviated new drug application (ANDA) filer that intends to market an allegedly infringing drug in a certain...more

Jones Day

Key Patent Decisions of 2017

Jones Day on

In another noteworthy year for patent law, the U.S. Supreme Court and Federal Circuit issued a number of decisions that altered the patent landscape, including four Supreme Court decisions. The topics of the key cases...more

Knobbe Martens

Federal Circuit Review - December 2017

Knobbe Martens on

Claims Directed to Methods for Streaming Audiovisual Data Held Unpatentable Under § 101 - In Two-Way Media Ltd v. Comcast Cable Communications, Appeal Nos. 2016-2531, 2016-2532, the Federal Circuit affirmed the district...more

Mintz - Intellectual Property Viewpoints

Defendants Waived Venue Challenge After Waiting Four Months After TC Heartland Decision to Move

In a recent development from the Eastern District of Texas, Magistrate Judge Roy S. Payne concluded that defendants Globalfoundries, Qualcomm, and Samsung waited too long prior to moving to dismiss or transfer the case due to...more

McDermott Will & Emery

Looking Back: TC Heartland Is a Change of Law

McDermott Will & Emery on

In remanding a case back to the district court, the US Court of Appeals for the Federal Circuit held that the Supreme Court of the United States’ 2017 decision in TC Heartland v. Kraft Foods qualifies as a change of law, and...more

Mintz - Intellectual Property Viewpoints

Lower Courts Continue to Grapple with Venue in the Wake of In re Micron and In re Cray

Further to our ongoing coverage of the post-TC Heartland patent litigation landscape, a pair of recent and interesting cases from Texas and Delaware further evolved this important venue-related jurisprudence....more

Weintraub Tobin

Federal Circuit Clarifies Waiver Of Venue Issue In Light Of TC Heartland, But Issues Still Remain For District Courts To Address

Weintraub Tobin on

The U.S. Supreme Court’s May 22, 2017 ruling in TC Heartland v. Kraft Foods held that personal jurisdiction alone does not convey venue for patent cases under the patent venue statute. Previously, the Court of Appeals for...more

Goulston & Storrs PC

Supreme Court Removes Patent Litigation from the Heartland of Texas

Goulston & Storrs PC on

For years, patent assertion entities have filed patent lawsuits against retailers in federal court in Texas. The Supreme Court’s recent decision in TC Heartland LLC v. Kraft Foods Group Brands LLC may give retailers the...more

Foley & Lardner LLP

Federal Circuit Rules That Supreme Court Decision in TC Heartland Was a Change of Law

Foley & Lardner LLP on

In good news for those awaiting decisions on pending motions to transfer, or those contemplating a challenge to a recent denial of their motion – especially in the ED Texas, ND California, CD California and Delaware – on...more

Fenwick & West LLP

Did you hear about the statistician who drowned in a lake with an average depth of two feet?

Fenwick & West LLP on

I was reminded of this question, often posed by my dad to remind me not to become a slave to statistics, by two dramatic things that happened last week. On the one hand, at the IAM 2017 Patent Law and Policy conference in...more

Mintz - Intellectual Property Viewpoints

Federal Circuit Concludes that TC Heartland Was a Change in the Law, Reviving Venue Transfer Motions for Defendants Previously...

On November 15, 2017, the United States Court of Appeals for the Federal Circuit resolved a split among district courts on the question whether the United States Supreme Court’s TC Heartland decision constituted a change in...more

Snell & Wilmer

Federal Circuit Clarifies Venue Waiver After TC Heartland

Snell & Wilmer on

The Federal Circuit issued guidance yesterday for district courts deciding venue challenges after the Supreme Court’s May 2017 decision in TC Heartland LLC v. Kraft Foods Group Brands LLC. In In re Micron Technology, Inc.,...more

Morgan Lewis

Federal Circuit Holds TC Heartland Is an Intervening Change in the Law

Morgan Lewis on

The court offers clarification on a patent litigation venue issue that has caused “widespread disagreement” nationwide....more

117 Results
 / 
View per page
Page: of 5

"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.
- hide
- hide