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TC Heartland – One Month Later Delaware, Texas, California and Illinois Courts Most Popular Venues

by Orrick - NorCal IP Group on

We previously reported on the early impact of the Supreme Court’s decision in TC Heartland based on the first few weeks of new filings. It has now been one month, and based on the filing data for the month since TC Heartland...more

SCOTUS Rules CA Courts Lack Specific Jurisdiction to Entertain Injury Claims by Non-Residents (Bristol-Myers)

by Selman Breitman LLP on

The U.S. Supreme Court has struck down the ability of non-California residents to sue defendants in California courts for injury claims that have no connection to California, even where defendants have extensive business...more

Daimler Here to Stay: SCOTUS Overturns California Court’s Exercise of Jurisdiction Over Out-of-State Plaintiffs

by Ballard Spahr LLP on

Following on the heels of BNSF Railway Company v. Tyrrell last month, the Supreme Court, by an 8-1 margin in Bristol-Myers Squibb v. Superior Court of California, has reaffirmed the jurisdictional holding of its 2014 Daimler...more

Supreme Court Narrows Choice of Court to File Patent Infringement Actions

by Genova Burns LLC on

The Supreme Court used a dispute over flavored drink mix to settle a question regarding the proper venue for patent infringement actions, unanimously ruling in TC Heartland LLC v. Kraft Foods Group Brands LLC, No. 16-341,...more

Post TC Heartland Decision Calls Into Question Rule 12 Waiver Doctrine in Patent Cases

Last week, Judge Nelson of the District of Minnesota decided that further briefing on venue in The Valspar Corp. et al. v. PPG Industries, Inc. was appropriate given the recent TC Heartland decision by the Supreme Court. This...more

Reaffirming Personal Jurisdiction Limits At High Court

by Morrison & Foerster LLP on

It seems like it happens every spring: Once again, the U.S. Supreme Court has reversed a state court’s expansive view of personal jurisdiction. In BNSF Railway Co. v. Tyrrell, the Supreme Court reversed the Montana Supreme...more

The Northern District of California Shoots to Second Place After TC Heartland

by Orrick - NorCal IP Group on

It’s been just over two weeks since the Supreme Court decision in TC Heartland. As plaintiffs and the courts now struggle to deal with venue in patent cases (and patent litigators brush up on venue law), we looked at recent...more

U.S. Supreme Court Limits Forums for Suits Against Corporations

by Lathrop Gage on

Plaintiffs seeking damages typically choose to file suit in a state where the dispute or injury occurred, or in the state where the plaintiffs reside. Yet sometimes, plaintiffs may pick a state that has no such connection to...more

BNSF v. Tyrrell: The Other International Shoe Has Dropped

by Pepper Hamilton LLP on

The availability of any forum aside from a defendant's state of incorporation or principal place of business will require a plaintiff to carefully consider the likelihood of obtaining specific jurisdiction because there is...more

New U.S. Supreme Court decision changes venue rules in patent cases

by McAfee & Taft on

Early last week, the U.S. Supreme Court reversed the Federal Circuit in an 8-0 decision that will make it easier for companies to defend patent infringement lawsuits. In TC Heartland LLC v. Kraft Foods Group Brands, LLC, the...more

Supreme Court Continues Rule-based Refinement of Personal Jurisdiction

by Perkins Coie on

On May 30, 2017, the U.S. Supreme Court handed down yet another personal jurisdiction opinion emphasizing clear rules as to when out-of-state defendants may be haled into court. While the decision in BNSF Railway Co. v....more

TC Heartland: The Impact of Updating Patent Venue Rules

The United States Supreme Court has been chipping away at patent rights for the past decade. The latest blow occurred on May 22, 2017, when the Court crippled the ability of patent holders to engage in forum shopping in TC...more

States May Not “Hale” an Out-of-State Railroad: No Personal Jurisdiction, Supreme Court Rules

On May 30, 2017, the Supreme Court of the United States held that section 56 of the Federal Employers’ Liability Act (FELA) does not address personal jurisdiction over railroads. The two underlying lawsuits were filed in...more

U.S. Supreme Court Seriously Limits Forum Shopping For Patent Litigation In Unanimous Decision

For close to 30 years, patent owners have been able to strategically select the best location for a patent litigation, assuming that the defendant sold the contested product in that location. Popular "rocket docket" courts...more

Fresh From the Bench: Precedential Patent Cases From the Federal Circuit:

The big news this week (and it is particularly big news in Tyler and Marshall, Texas) is that the ?Supreme Court rules that a defendant “resides” for purposes of the patent venue statute only ?where the defendant actually ?is...more

Supreme Court Expands Forum-Shopping Crackdown

by Reed Smith on

While we are waiting for the Supreme Court to rule in Bristol-Myers Squibb Co. v. Superior Court, No. 16-466 (“BMS”), an interesting thing happened. Last week in TC Heartland LLC v. Kraft Foods Grp. Brands LLC, ___ S.Ct....more

Venue in Patent Cases Limited by § 1400(b)

by McDermott Will & Emery on

The Supreme Court of the United States has tightened restrictions on where patent infringement actions may be filed. In an 8–0 decision, the Supreme Court held that for purposes of venue in patent infringement actions, a...more

U.S. Supreme Court Addresses Scope of Patent Venue

by Jones Day on

In TC Heartland LLC v. Kraft Foods Group Brands LLC, the U.S. Supreme Court resolved where a domestic corporation "resides" for purposes of the patent venue statute. The Court narrowed the meaning of "resides" under 28 U.S.C....more

The Supreme Court Limits What Constitutes Proper Venue

In TC Heartland LLC v. Kraft Foods Group Brands LLC, No. 16-341, 581 U.S. __ (2017), the Supreme Court reversed a Federal Circuit decision and clarified the proper scope of venue pursuant to the patent venue statute, 28...more

TC Heartland: The End of an Era in Patent Litigation

by Dorsey & Whitney LLP on

On Monday, May 22, the Supreme Court reached a unanimous decision in TC Heartland LLC v. Kraft Foods Group Brands LLC, overruling the Federal Circuit’s interpretation of the patent venue statute, 28 U.S.C. § 1400(b), and...more

Patent Litigation Venue: Supreme Court Clarifies Venue Statutes in TC Heartland v. Kraft Foods.

The U.S. Supreme Court announced its ruling in TC Heartland v. Kraft Foods Group Brands LLC on May 22, 2017, a patent infringement case that has garnered national attention for its implications on venue....more

Supreme Court Restricts Where Plaintiffs Can Sue for Patent Infringement

by K&L Gates LLP on

For almost thirty years, patent owners sued corporate defendants for patent infringement in any federal judicial district in which that corporation was subject to the court’s personal jurisdiction. When corporate defendants...more

Delaware - The New Black For Patent Litigation?

by SmithAmundsen LLC on

This week the Supreme Court made the problem of deciding where to incorporate a little more complicated. Sure, your company could still choose Delaware for its well-developed business laws. But how does Delaware stack up in...more

The State of Incorporation Is the TC Heartland of the Matter

by Alston & Bird on

In what is perhaps one of the most highly anticipated U.S. Supreme Court patent law decisions since Alice Corp. v. CLS Bank Int’l, the Supreme Court held on May 22 that, for purposes of venue in patent cases, a defendant...more

Supreme Court Limits Venue in Patent Litigation

In an 8-0 decision issued on May 22, 2017, the U.S. Supreme Court, in TC Heartland LLC v. Kraft Foods Group Brands LLC, restricted the available venues for patent litigation claims under 28 U.S.C. § 1400. Under Section...more

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