News & Analysis as of

Improper Venue Principal Place of Business

Lewitt Hackman

Franchisee 101: Forum Selection Clause is Just what the Doctor Ordered

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A federal appellate court held that a forum selection clause requiring litigation to be in the jurisdiction where the franchisor’s principal place of business was located when the action was brought is enforceable. A...more

Knobbe Martens

Federal Circuit Review - August 2021

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It’s No Secret That a Related Company’s Physical Presence in a Jurisdiction May Not Be Enough For Proper Venue - In Andra Group, LP v. Victoria’s Secret Stores, LLC, Appeal No. 20-2009, The Federal Circuit held that an...more

Morrison & Foerster LLP - Federal Circuitry

Last Week in the Federal Circuit (August 2-6): No Secret For Obtaining Venue

The Federal Circuit wrapped up another (perhaps final) week of telephone arguments last week. As of now, the Court is still set to restart in-person arguments next month. But we’ll have to see if those plans change. Below we...more

Troutman Pepper

Best Ways to Use Patent Venue Discovery After TC Heartland

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Nearly three years after the U.S. Supreme Court’s decision in TC Heartland LLC v. Kraft Food Brands LLC,1 both parties and courts continue to grapple with what it means for a defendant to have a regular and established place...more

Morgan Lewis

US Federal Circuit Clarifies Venue Law in Three Ways

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In a welcome ruling for internet companies undergoing patent infringement suits, the US Court of Appeals for the Federal Circuit weighed in regarding what it means to have a “regular and established place of business” under...more

McDermott Will & Emery

Unique Procedural Posture Leads to No Sanctions in Frivolous Appeal

Reaffirming that the plaintiff in a patent case has the burden of establishing that venue is proper, the US Court of Appeals for the Federal Circuit affirmed a district court’s dismissal. The Court ultimately denied the...more

Knobbe Martens

Parroting Language of Venue Statute Is Not Enough to Avoid Dismissal

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WESTECH AEROSOL CORPORATION v. 3M COMPANY - Before Lourie, Mayer, and Reyna. Appeal from the United States District Court for the Western District of Washington. Summary: To establish proper venue, a plaintiff must...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - July 2019 #2

PATENT CASE OF THE WEEK - In re: Global IP Holdings LLC, Appeal No. 2018-1426 (Fed. Cir. July 5, 2019) - The Federal Circuit vacated and remanded a decision of the Patent Trial and Appeal Board (“PTAB”) upholding an...more

Mintz - Intellectual Property Viewpoints

District of Delaware Dismisses ANDA Applicant for Lack of Venue under TC Heartland and In re Cray

On June 17, 2019, the United States District Court for the District of Delaware, in Novartis Pharmaceuticals Corp. v. Accord Healthcare Inc., et al., No. 18-cv-01043, held that venue was not proper in Delaware over Mylan...more

Dechert LLP

Delaware Found to be Improper Venue for ANDA Suit

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The District of Delaware dismissed a Hatch-Waxman Act ANDA lawsuit that Bristol-Myers Squibb had filed against Mylan Pharmaceuticals, finding that under the new venue rules established by the Supreme Court’s TC Heartland...more

Mintz - Intellectual Property Viewpoints

Franchised Automobile Dealerships Count as Regular and Established Places of Business for Purposes of Proper Patent Infringement...

In our continuing post-TC Heartland coverage, Judge Rodney Gilstrap of the Eastern District of Texas recently issued an interesting decision regarding the venue analysis for car companies selling into a particular...more

Hogan Lovells

US: Authorized automobile dealerships drive discussion on patent venue in the Eastern District of Texas

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In May 2017, the Supreme Court tightened the rule for venue over domestic defendants in patent infringement cases finding that, under 28 U.S.C. § 1400(b), venue is proper only “in the judicial district where the defendant...more

Knobbe Martens

Federal Circuit Review - June 2018

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A Complaint Identifying Infringing Products and the Patents Allegedly Infringed, Accompanied by Statements that the Products Meet All Elements of at Least One Claim of the Asserted Patents, May be Sufficient to Meet the...more

Mintz - Intellectual Property Viewpoints

Can retrieving materials from a storage unit qualify as engaging in business activity for purposes of establishing proper patent...

According to a recent decision from the Southern District of New York, no. In our continued post-TC Heartland coverage, the court in CDX Diagnostic, Inc. v. U.S. Endoscopy Group, Inc. clarified that a storage unit does not...more

Husch Blackwell LLP

Updates In The Federal Circuit Following TC Heartland

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This week, the Federal Circuit resolved three issues left in TC Heartland’s wake. TC Heartland held that 28 U.S.C. § 1400(b) uniquely governs venue in patent cases and is not coterminous with the scope of § 1391. The first...more

Mintz - Intellectual Property Viewpoints

Venue Cannot Be Bootstrapped to a Defendant that Only “Works Closely” with a Resident Corporate Relative Co-Defendant

Further to our ongoing coverage of post-TC Heartland patent litigation, in a recent case in the Western District of Wisconsin, the court granted defendants’ motion to transfer for improper venue. In doing so, it rejected the...more

Mintz - Intellectual Property Viewpoints

Lower Courts Continue to Grapple with Venue in the Wake of In re Micron and In re Cray

Further to our ongoing coverage of the post-TC Heartland patent litigation landscape, a pair of recent and interesting cases from Texas and Delaware further evolved this important venue-related jurisprudence....more

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