News & Analysis as of

Forum Selection Venue Principal Place of Business

Troutman Pepper

The EDVA Shows Its Reluctance to Transfer Cases Brought by Virginia Plaintiffs

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A long line of cases in the EDVA demonstrates that defendants seeking to transfer venue out of the EDVA under 28 U.S.C. 1404(a) face an uphill climb if the plaintiff is a Virginia resident....more

Lowenstein Sandler LLP

Federal Venues May Not Be Available in Lawsuits That Members File Against Limited Liability Companies

Lowenstein Sandler LLP on

The common train of thought when litigating as an out-of-state defendant is that it is best to be venued in federal court so as to eliminate any advantage an in-state plaintiff might have with a local jury. Typically, foreign...more

Mintz - Intellectual Property Viewpoints

Improper Venue for Web-Based Company in light of In re Cray

In our continuing post-TC Heartland coverage, the District of Nevada recently identified a key factor in analyzing venue challenges in patent litigation: whether the public can access the defendant corporation or its services...more

Weintraub Tobin

Federal Circuit Clarifies Venue Requirements For Patent Cases

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

McDonnell Boehnen Hulbert & Berghoff LLP

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

BakerHostetler

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

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

Akin Gump Strauss Hauer & Feld LLP

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

Jones Day

U.S. Supreme Court Addresses Scope of Patent Venue

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

Sterne, Kessler, Goldstein & Fox P.L.L.C.

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

Akin Gump Strauss Hauer & Feld LLP

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

Farella Braun + Martel LLP

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

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