Personal Jurisdiction Part 2: The Ford Cases [More With McGlinchey Ep. 8]
Personal Jurisdiction: Not what you learned in law school [More with McGlinchey Ep. 4]
The California Court of Appeal, Second Appellate District, issued a decision on August 1 holding that websites without any connection to physical place of business are not “places of public accommodation” under Title III of...more
A recent Pennsylvania Supreme Court decision, Mallory v. Norfolk Southern Railroad Co., presents the U.S. Supreme Court with an opportunity to reexamine its 2014 landmark ruling in Daimler. On April 25, 2022, the U.S. Supreme...more
Current U.S. bankruptcy law gives companies wide discretion to file a bankruptcy in the venue of their choice. A company can file for bankruptcy in any federal district where it has its “domicile, residence, principal place...more
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
I. Why It Matters - Until recently, personal jurisdiction over corporate defendants had been expanding significantly in scope through the reliance on tenuous corporate contacts or business conducted by a defendant in a...more
In Kyowa Seni, Co., Ltd. v. ANA Aircraft Technics, Co., Ltd., Docket No. 650589/2017, 2018 WL 3321410 (N.Y. Sup. Ct. July 5, 2018), Justice Saliann Scarpulla of the New York County Commercial Division joined in a long line of...more
The Federal Circuit issued a trio of decisions this month further clarifying the application of the patent venue statute in the post-TC Heartland era. ...more
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
For decades, it was well-established that defendants in patent cases could be sued almost anywhere they were subject to the court’s personal jurisdiction. ...more
BNSF Railway Co. v. Tyrell redefined the contours of a court’s jurisdictional reach by effectively subjecting corporations to general personal jurisdiction only in those states where they are incorporated or have their...more
In 2017, the Supreme Court rejected the Federal Circuit’s longstanding interpretation of Personal Jurisdiction and Venue in patent infringement actions against domestic companies. 28 U.S.C. §§ 1391, 1400; see TC Heartland LLC...more
Earlier this month, Judge Leinenweber of the Northern District of Illinois rejected a named plaintiff’s attempt to bring a nationwide class action, basing his decision on the Supreme Court’s decision last June in...more
This post summarizes some of the significant developments in the Eastern District of Texas and the Northern District of Texas for the month of November 2017. This post will focus on how the Eastern District of Texas continues...more
For years, patent assertion entities have filed patent lawsuits against retailers in federal court in Texas. The Supreme Court’s recent decision in TC Heartland LLC v. Kraft Foods Group Brands LLC may give retailers the...more
The court offers clarification on a patent litigation venue issue that has caused “widespread disagreement” nationwide....more
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
On September 21, the US Court of Appeals for the Federal Circuit issued an opinion in In re: Cray Inc. clarifying how district courts should determine whether a patent infringement defendant maintains a “regular and...more
On May 22, 2017, in TC Heartland LLC v. Kraft Foods Group Brands LLC, the Supreme Court reversed decades of expansive patent venue interpretation by the Federal Circuit. A succinct 10-page opinion by Justice Thomas...more
As its term drew to a close, the Supreme Court handed down its latest decision on personal jurisdiction in a case entitled Bristol-Myers Squibb Co. v. Superior Court of Cal., San Francisco Cty. Over the last six years, the...more
Supreme Court Hits Reset on Patent Venue Law in TC Heartland - In the recent TC Heartland LLC v. Kraft Foods Group Brands LLC decision, the Supreme Court reversed nearly thirty years of patent venue law and held that a...more
When the US Supreme Court decision in TC Heartland was published, many patent practitioners thought that the decision would adversely affect the Eastern District of Texas, a popular venue for patentees because of its quick...more
Inter Partes Reexamination Estoppel Attaches On Claim-by-Claim Basis for New Requests and Pending Proceedings - In In re Affinity Labs Of Texas, LLC, Appeal Nos. 2016-1092, 2016-1172, the Federal Circuit held that the...more
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
The Supreme Court used a dispute over flavored drink mix to settle a question regarding the proper venue for patent infringement actions, unanimously ruling in TC Heartland LLC v. Kraft Foods Group Brands LLC, No. 16-341,...more
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