News & Analysis as of

Forum Selection Venue

Fiduciary Litigation Practice Tip: Streamlining Discovery To Threshold Legal Issues

by Winstead PC on

Litigation can unfortunately be a costly endeavor. This is as true with fiduciary litigation as with any other type of litigation. ...more

Ninth Circuit Finds Arbitration Clause Showed Clear And Unmistakable Intent To Resolve Arbitrability Questions By Arbitration

by Carlton Fields on

Finding Montana law was inapplicable to the subject insurance policy under both federal maritime choice-of-law principles and the policy language, the Ninth Circuit Court of Appeals determined that an arbitration clause was...more

Employment Flash - January 2018

The January 2018 edition of the Employment Flash looks at the Department of Labor's (DOL) new seven-factor internship test, a provision in the new tax law that seeks to reduce the use of nondisclosure agreements in sexual...more

Come Now, Venue Is Not A Forum

by Allen Matkins on

At the end of last year, a plaintiff filed a verified class action in the Delaware Court of Chancery seeking a judgment declaring invalid provisions included in the certificates of incorporation of three different companies...more

Court Reconsiders And Grants Motion To Transfer For Improper Venue In Light Of TC Heartland

by Orrick - IP Landscape on

Stuebing Automatic Machine Company v. Allan Gavronsky d/b/a Matamoros Machine Shop, et al., S.D. Ohio (June 12, 2017) (Judge Karen L. Litkovitz) - Under 28 U.S.C. § 1400(b), venue is only proper in a patent infringement...more

Federal Circuit Rules That TC Heartland Is A Change Of Law Preventing A Waiver Of Venue, But Rules That A Forfeiture Of Venue May...

by Orrick - IP Landscape on

Granting Petition for Writ of Mandamus, In re: Micron Technology, Fed. Cir. (November 15, 2017) - In the wake of the Supreme Court’s decision in TC Heartland, courts had been struggling with the question of whether...more

Foreign Companies' Victories in Chinese Courts Support Forum Non Conveniens Motions in U.S. Courts

by Jones Day on

The Situation: A series of recent intellectual property case victories by foreign plaintiffs against Chinese companies in Chinese courts has relevance for the forum non conveniens doctrine as a critical defense motion in U.S....more

Federal Circuit Clarifies Venue Requirements For Patent Cases

by Weintraub Tobin on

Until the U.S. Supreme Court’s May 22, 2017 ruling in TC Heartland v. Kraft Foods, the Court of Appeals for the Federal Circuit and the United States district courts had interpreted the patent venue statute, 28 U.S.C....more

New North Carolina Law Adds Predictability to Litigation Involving Business Contracts

by Ward and Smith, P.A. on

North Carolina businesses commonly enter into contracts to buy or sell goods and services west of Murphy, north of Mt. Airy, south of Charlotte, and even east of Ocracoke. When contracts such as these extend beyond state...more

MBHB Snippets: A review of developments in Intellectual Property Law - Volume 15, Issue 3

The DTSA After One Year: Has the Federal Trade Secrets Law Met Expectations? - On May 11, 2017, the Defend Trade Secrets Act (DTSA) – the law that created a Federal cause of action for trade secret misappropriation –...more

Amendments to Connecticut Business Corporation Act Effective October 1, 2017

by Murtha Cullina on

Public Act No. 17-108, titled An Act Concerning Limited Liability Companies and Business Corporations (the "Act"), has amended the Connecticut Business Corporation Act ("CBCA"). Effective October 1, 2017, the Act amends the...more

California Courts Continue to Void Forum Selection Clauses in Franchise Agreements Under a Questionable Mutual Assent Theory

by Mulcahy LLP on

The Ninth Circuit and California Court of Appeal generally continue to render forum selection clauses in franchise agreements unenforceable. This has been a hot topic among franchise litigators and on our blog....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

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

So Your Business Received a Demand Letter, Now What?

by Ward and Smith, P.A. on

If your business has received a demand letter, I have some good news for you: Your business has not been sued (yet). However, a lawsuit could be in your business's near future....more

Nebraska Court Enforces Forum Selection Clause

by Jackson Lewis P.C. on

Nebraska’s legal history on the enforceability of non-compete agreements is usually a surprise for employers who view Nebraska as pro-business. Nebraska courts routinely invalidate employee non-compete agreements that...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

Supreme Court Significantly Narrows Reach Of Patent Venue Statute

In a highly anticipated opinion significantly narrowing the first prong of the patent venue statute, 28 U.S.C. § 1400(b), the Supreme Court in TC Heartland LLC v. Kraft Foods Group Brands LLC unanimously held that a domestic...more

Supreme Court heralds tectonic shift in venue selection for patent suits

by Thompson Coburn LLP on

Reversing nearly 30 years of patent practice, the United States Supreme Court recently held in TC Heartland LLC v. Kraft Foods Group Brands LLC that the appropriate venue for patent-based suits against domestic corporate...more

Supreme Court’s Decision in TC Heartland Narrows Patent Venue Selection

The Supreme Court’s decision in TC Heartland will undoubtedly have a substantial impact on patent venue selection and will likely lead to a marked decrease in cases brought in the Eastern District of Texas.  Under the Supreme...more

Practical Issues for the Pharmaceutical and Biopharmaceutical Industry in the Wake of TC Heartland

The US Supreme Court this week held that the broad venue provision of 28 U.S.C. § 1391(c) does not apply to patent law—at least, when the defendant is a domestic entity. This decision arises after years of judicial...more

Defend Trade Secrets Act Nears Year One: What Employers, Trade Secret Owners Need to Know

by Holland & Knight LLP on

An employer or trade secret owner can now assert a federal private cause of action for misappropriation of trade secrets under the Defend Trade Secrets Act (DTSA), 18 U.S.C. §1836(b), if “the trade secret is related to a...more

This Year’s Top Ten IP Cases

by Knobbe Martens on

#10 Design Patent Damages § 289 - Samsung Elecs. Co., v. Apple Inc., 580 U.S. _ (Dec. 6, 2016) - In the case of a multicomponent product, the relevant article of manufacture for arriving at a damages award under...more

[Webinar] Employment and Severance Agreements At Home and Abroad - Part 2: Employment Agreements (Two Part Series) - December 7th,...

by Locke Lord LLP on

Please join us for another of Locke Lord’s informative live webinars: a practical overview of employment agreements around the globe. On December 7th, our panel of speakers will discuss key aspects of employment agreements,...more

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