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State of Incorporation Multidistrict Litigation

Fenwick & West LLP

Clear Trends Visible in the Post-TC Heartland Patent Landscape

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The patent landscape experienced a paradigm shift with the May 2017 United States Supreme Court decision in TC Heartland v. Kraft Foods Group Brands. In TC Heartland, venue in patent cases was narrowed to either (1) the...more

Patton Sullivan Brodehl LLP

Think Carefully Before Forming an “Out of State” LLC

Many California-based LLC managers and members are lured by the potential benefits of forming the LLC under the laws of a jurisdiction outside of California. Delaware can be an enticing option. Delaware is known for its...more

Wilson Sonsini Goodrich & Rosati

Federal Court for the Western District of Texas Projected to Have About a 100 Percent Increase in Patent Complaints Filed in 2019

This year the District Court for the Western District of Texas is on track to experience almost a 100 percent increase in patent complaints filed compared to 2018. This significant increase is expected to continue into the...more

Dorsey & Whitney LLP

Home Is Where the Principal Place of Business Is

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The Federal Circuit’s ongoing effort to implement TC Heartland—the Supreme Court’s landmark 2017 patent venue decision—took another step forward in May with In re BigCommerce, Inc., which vacated and remanded two decisions...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

Neal, Gerber & Eisenberg LLP

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

Seyfarth Shaw LLP

High Court Limits Where Patent Suits Can Be Filed

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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

Bradley Arant Boult Cummings LLP

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

Fenwick & West LLP

#AliceStorm: April Update and the Impact of TC Heartland on Patent Eligibility

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The Supreme Court’s recent decision on patent venue, TC Heartland LLC v. Kraft Foods Group Brands, may actually turn out to be a good thing for patentees when it comes to Section 101. But before we get to that, let’s do the...more

Dickinson Wright

Moving Forward After TC Heartland v. Kraft Foods

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The Supreme Court’s recent opinion in TC Heartland, LLC v. Kraft Foods Group Brands, LLC, overturns almost three decades of Federal Circuit jurisprudence on the issue of where a patent holder may properly file suit. In a...more

Ladas & Parry LLP

TC Heartland LLC v. Kraft Foods Group Brands LLC

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In its decision of May 22, 2017 in Heartland v. Kraft, the United States Supreme Court held that the specific venue provisions applicable to Patent infringement (28 U.S.C. 1400 (b)) limited the courts in which a domestic...more

Orrick, Herrington & Sutcliffe LLP

Supreme Court Restricts Patent Venue - Holding That A Domestic Corporation "Resides" Only In The State Of Incorporation

On May 22, 2017, the Supreme Court issued its long awaited opinion in T.C. Heartland L.L.C. v. Kraft Food Brands, L.L.C., No. 16-341 (U.S. May 22, 2017)—easily one of its most consequential rulings in patent law in several...more

Fenwick & West LLP

Litigation Alert: Supreme Court Announces New Limits on Venue in Patent Cases, Blunting Key Troll Tool

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For the past 27 years, plaintiffs have been able to bring patent-infringement suits against most corporations almost anywhere in the United States. So-called non-practicing entities, also known as patent “trolls,” have taken...more

Stinson LLP

A New Limit on Patent Litigation Venue

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A recent U.S. Supreme Court case limited patent litigation venues to a much narrower set of options. Patent venue is now limited solely to the state where the defendant is incorporated and/or states where it operates a...more

Sheppard Mullin Richter & Hampton LLP

Supreme Court Unanimously Changes Where Patents May Be Litigated

Monday, in TC Heartland LLC v. Kraft Foods Group Brands, No. 16-341, the United States Supreme Court significantly changed the geography where future patent infringement suits can be filed....more

Skadden, Arps, Slate, Meagher & Flom LLP

Insights: The Delaware Edition - October 2015

We are pleased to share with you the inaugural issue of Insights: The Delaware Edition, a periodic publication addressing significant Delaware deal litigation and corporation law developments. In This Issue: - Q&A...more

Skadden, Arps, Slate, Meagher & Flom LLP

"Q&A With Delaware Litigation Partner Ed Micheletti"

What is the most significant recent development in Delaware, from a litigation standpoint? While there have been a number of important cases and statutory developments, an often-overlooked and extremely important recent...more

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