News & Analysis as of

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Back to Basics: A Review of Recent SCOTUS Personal Jurisdiction Jurisprudence

by Foley & Lardner LLP on

As its term drew to a close, the Supreme Court handed down its latest decision on personal jurisdiction in a case entitled Bristol-Myers Squibb Co. v. Superior Court of Cal., San Francisco Cty. Over the last six years, the...more

Return of the Rocket Docket?: New Case Law Potentially Changes the Tide of Patent Lawsuits Fleeing Favored Venues

by Baker Donelson on

The United States Supreme Court’s May decision in TC Heartland LLC v. Kraft Foods Group Brands LLC was widely seen as a limitation on the jurisdictions in which a patent owner can file infringement claims. That decision set...more

MoFo IP Newsletter - July 2017

by Morrison & Foerster LLP on

Supreme Court Hits Reset on Patent Venue Law in TC Heartland - In the recent TC Heartland LLC v. Kraft Foods Group Brands LLC decision, the Supreme Court reversed nearly thirty years of patent venue law and held that a...more

The Impact of TC Heartland: Motion to Challenge Venue Waived Where Defendant Failed to Bring Motion with Other Rule 12(b) Motion

After this patent infringement action was filed, the defendant, BigCommerce, filed a motion to dismiss for failure to state a claim for relief pursuant to Fed.R.Civ.P. 12(b)(6). BigCommerce did not file a motion to transfer...more

State Tax Update for Delaware Corporations

by Dechert LLP on

While the State of Delaware has numerous attractive aspects for entities that incorporate there (a flexible corporation statute, the well-respected Court of Chancery, a legislature that prioritizes the stability of Delaware’s...more

“Not so fast . . .”: Eastern District of Texas Adopts Approach that Narrows Impact of TC Heartland 

When the US Supreme Court decision in TC Heartland was published, many patent practitioners thought that the decision would adversely affect the Eastern District of Texas, a popular venue for patentees because of its quick...more

Federal Circuit Review - June 2017

by Knobbe Martens on

Inter Partes Reexamination Estoppel Attaches On Claim-by-Claim Basis for New Requests and Pending Proceedings - In In re Affinity Labs Of Texas, LLC, Appeal Nos. 2016-1092, 2016-1172, the Federal Circuit held that the...more

The Supreme Court Limits Where Patent Owners May File Infringement Actions – With Some Guidance from Applicable District Court...

The Supreme Court recently decided TC Heartland v. Kraft Food Group, 581 U. S. ____ (2017), which has changed the rules concerning where patent infringement lawsuits may be brought. Specifically, patent infringement actions...more

Where Can Your Company Be Sued? The Basics of Personal Jurisdiction

by Ward and Smith, P.A. on

On May 30, 2017, the United States Supreme Court issued an opinion in the case of BNSF Railway Co. v. Tyrrell. Among other things, the case analyzed and reaffirmed the grounds for a company to be sued other than in its home...more

[Webinar] What TC Heartland Means for Your Business: Practical Strategies For The Next Era Of Patent Litigation - June 29th,...

by BakerHostetler on

This timely webinar will provide insight for business leaders and legal counsel on the implications of the recent U.S. Supreme Court decision in TC Heartland LLC v. Kraft Foods Group Brands LLC, which has reshaped procedural...more

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 Finally Ends Litigation Tourism In Product Liability Suits

by Shipman & Goodwin LLP on

The United States Supreme Court fundamentally changed the practice of product liability litigation in the United States by finally doing away with the “litigation tourism” industry – the common practice of out-of-state...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

Farewell to Texas? Supreme Court Limits Where Alleged Patent Infringers Can Be Sued

by Cole Schotz on

For a number of years, patent owners have had broad discretion to bring patent infringement lawsuits in court locations, or “venues,” based on perceived strategic advantages and their own convenience. A federal district...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

High Court Limits Where Patent Suits Can Be Filed

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Venue in a patent litigation is limited to the alleged infringer’s state of incorporation or where the defendant has committed infringing acts and has a regular and established place of business....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

U.S. Supreme Court Limits Venue Options for Patent Infringement Actions

by LeClairRyan on

The U.S. Supreme Court recently issued a unanimous decision in TC Heartland LLC v. Kraft Food Group Brands LLC related to proper venue for patent infringement actions against a domestic corporation. Prior to this decision, a...more

New Venue Considerations May Shape Patent Litigation after TC Heartland

The Supreme Court issued its much-anticipated decision in TC Heartland LLC v. Kraft Foods Group Brands LLC, unanimously holding that, for the purpose of the patent venue statute 28 U.S.C. § 1400(b), “a domestic corporation...more

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