News & Analysis as of

Principal Place of Business

Growing Consensus in the Courts of Appeals against Alternative-Citizenship Theory of Diversity under CAFA

If a putative class of plaintiffs, all citizens of State A, sues a corporate defendant, which the law considers to be a citizen of State A and State B, in state court, may the defendant remove the case to federal court under...more

Patent Venue: The Federal Circuit Resolves Widespread Disagreement Among District Courts

by Stinson Leonard Street on

In Micron Technology, the Federal Circuit resolved widespread disagreement about TC Heartland and motions to transfer venue in patent cases. The Federal Circuit held that TC Heartland changed controlling law and, thus, that...more

Federal Circuit Holds TC Heartland Is an Intervening Change in the Law

by Morgan Lewis on

The court offers clarification on a patent litigation venue issue that has caused “widespread disagreement” nationwide....more

Federal Circuit Review - October 2017

by Knobbe Martens on

Federal Circuit Denies En Banc Rehearing in Mentor Graphics v. EVE-USA - In Mentor Graphics Corp. v. Eve-USA, Inc., Appeal Nos. 2015-1470, 2015-1554, 2015-1556, the Federal Circuit denied Synopsys’ and EVE’s petition for...more

A Corporation May Not Pick And Choose Its Citizenship To Create Diversity Under CAFA

The Sixth Circuit became the third court of appeals to reject the “alternative citizenship” theory of diversity under the Class Action Fairness Act (CAFA). In Roberts v. Mars Petcare US, Inc., a putative class of Tennessee...more

Superior Court Explains Coverage Analysis Rules

by Morris James LLP on

Catlin Specialty Insurance Company v. CBL & Associates Properties Inc., No. N16C-07-166 PRW CCLD (October 17, 2017) - This is an interesting decision for two reasons. First, it settles the choice of law in a coverage case...more

Supreme Court’s Decision in Bristol-Myers Squibb Co. Has Significant Implications for Where Your Business Can Sue and Be Sued

by Cohen & Grigsby, P.C on

One of the many costs of doing business in the United States is the threat of litigation. Most businesses will face litigation at some point. Depending on the nature of the business, that litigation might take the business...more

Venue Over An ANDA Defendant: D. Del. Weighs In

by Fish & Richardson on

In light of the Supreme Court’s TC Heartland decision, courts around the country have been grappling with venue-related challenges in patent cases. Under the patent venue statute, 28 U.S.C. § 1400(b), venue is proper “where...more

Recent Court Decisions on Venue Challenges Following TC Heartland

by Knobbe Martens on

The U.S. District Court for the District of Delaware recently handed down two important decisions on motions to transfer for improper venue. Judge Stark presided over both cases, transferring one case and ordering further...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

When a Warehouse Is a 'Place of Business' Under the New Jersey Franchise Practices Act

by Pepper Hamilton LLP on

A recent federal court opinion overlooked a plain-language requirement of the “place of business” element of a claim under the New Jersey Franchise Practices Act (NJFPA), N.J.S.A. § 56:10-1 et seq., potentially expanding the...more

Employment News - October 2017

by Hogan Lovells on

Border crossing – wide approach to reinstatement - In Dafiaghor-Olomu v Community Integrated Care the EAT found that re-employment might be practicable even though an employer no longer had a place of business in Scotland....more

Your State Or Mine: Patent Lawsuits Can Now Only Be Brought Where Corporations Have Physical Locations

For decades, companies have been subject to patent infringement lawsuits almost anywhere that they had sales, whether through a physical store or online. Often, based on online sales, the defendant corporation could be...more

Federal Circuit Shoots Down Eastern District Of Texas Patent Venue Test

by Brooks Kushman P.C. on

September 21, 2017. On a petition for writ of mandamus, the Federal Circuit ordered the U.S. District Court for the Eastern District of Texas to transfer venue of a patent action—rejecting the four-part venue test proposed...more

Does the Federal Circuit's In re Cray Decision Suggest a New Business Model for Savvy Infringers?

Patent law has always been tasked with interpreting law in an ever-shifting factual environment, where well-established principles need to be applied to new technology. Twenty years ago, the Federal Circuit grappled with the...more

The Federal Circuit’s Raytheon Co. v. Cray, Inc. Decision

by Cozen O'Connor on

In the wake of the United States Supreme Court’s decision in TC Heartland LLC v. Kraft Foods Group Brands LLC, district courts have been faced with numerous motions to transfer venue. In response to those motions, district...more

Judge Gilstrap’s Patent Venue Test Gets Slapped Down

In its decision, the Federal Circuit also took the opportunity to clarify the Supreme Court’s recent TC Heartland decision and set forth three general requirements to determine where a defendant maintains “a regular and...more

Federal Circuit Holds that the “Required and Established Place of Business” for Patent Infringement Venue Under §1400(b) Requires...

Brief Summary The U.S. Court of Appeals for the Federal Circuit held that to find a “required and established place of business” for venue in a civil action for patent infringement, the court must identify “a physical...more

Illinois Supreme Court Limits Personal Jurisdiction in Three Counties Named "Judicial Hellholes"

by Faegre Baker Daniels on

On September 21, 2017, the Illinois Supreme Court issued an opinion aggressively limiting general personal jurisdiction over corporations. Cook, Madison, McLean and St. Clair counties in Illinois are all affected....more

Federal Circuit Defines “Regular and Established Place of Business”

by McDermott Will & Emery on

The US Court of Appeals for the Federal Circuit defined “regular and established place of business” in a judicial district to require (1) a physical place in the district that is (2) regular and established, and that is (3)...more

In re Cray & Motions to Stay: Federal Circuit Vacatur of Gilstrap Test for Patent Venue Will Likely Improve Chances of Obtaining...

The U.S. Court of Appeals for the Federal Circuit held that to find a “required and established place of business” for venue in a civil action for patent infringement, the court must identify “a physical place, of business,...more

The Federal Circuit Provides a Tutorial on Patent Venue

by BakerHostetler on

The Federal Circuit in In re Cray, Inc., Appeal No. 2017-129 (Fed. Cir. Sept. 21, 2017), has provided extensive guidance to district courts on the meaning of an alleged infringer’s “regular and established place of business”...more

Making the Sausage: Lower Courts Grapple With the Supreme Court’s TC Heartland Venue Decision

The United States Supreme Court decided earlier this year that a 1957 opinion is still valid and still limits venue choices for patent infringement actions under 28 U.S.C. § 1400. See TC Heartland LLC v. Kraft Foods Group...more

Sales Tax for Online Sales: Is It Time for a Change?

by Robins Kaplan LLP on

Online sales tax is one of many tax-related issues that Congress is currently considering. (Stick with us, this shouldn’t be too boring.) Under the 1992 U.S. Supreme Court decision of Quill v. North Dakota (504 U.S. 298), an...more

Employee Residence is Not the Defendant’s Regular and Established Place of Business

In In re: Cray Inc., 2017-129 (September 21, 2017), the Federal Circuit granted Cray’s Petition for Writ of Mandamus and directed the Eastern District of Texas to transfer a patent infringement action pursuant to 28 U.S.C....more

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