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Supreme Court of the United States › Patents › Personal Jurisdiction

The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary... more +
The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary with only a limited number of cases granted review each term.  The Court is comprised of one chief justice and eight associate justices, who are nominated by the President and confirmed by the Senate to hold lifetime positions. less -
Snell & Wilmer

Supreme Court Asked to Clarify Activities that Give Rise to Specific Personal Jurisdiction

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In Impossible X LLC v. Impossible Foods Inc., Impossible Foods recently filed an opposition to Impossible X’s petition for certiorari, which asks the Supreme Court to decide (1) whether some disputes should require so-called...more

Dunlap Bennett & Ludwig PLLC

“Interim Control” – Federal Circuit Further Narrows the Scope of Patent Venue

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The Federal Circuit has further narrowed the scope of patent venue statute in In re Volkswagen Group of America, Inc., holding that the requisite control a defendant must exercise over an in-district agent to establish patent...more

Fitch, Even, Tabin & Flannery LLP

Pendent Venue: What Is It, and Can You Still Rely on It?

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Venue, in the context of the federal law, refers to the judicial district in which a case can be heard. Venue must be established for each cause of action in a case. In most federal civil litigation, proper venue is...more

Fitch, Even, Tabin & Flannery LLP

Federal Circuit Clarifies Specific Personal Jurisdiction in Declaratory Judgment Actions

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On May 12, in Trimble Inc. v. PerDiemCo LLC, the Federal Circuit reaffirmed that there is no general rule preventing patent enforcement letters from providing the basis for jurisdiction in a declaratory judgment action. The...more

Mintz - Intellectual Property Viewpoints

Significant 2018 Patent Decisions and a Look Ahead

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This year the Supreme Court, United States Court of Appeals for the Federal Circuit, and the Federal District Courts penned a number of opinions impacting patent law. Here are some key takeaways from the past year....more

Dorsey & Whitney LLP

TC Heartland’s One Year Anniversary: Changes in Patent Venue

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It’s been one year since the TC Heartland decision was issued by the Supreme Court, and it’s had a big impact on patent litigation. See TC Heartland LLC v. Kraft Food Brands LLC, 137 S. Ct. 1514, 1521 (May 22, 2017)....more

Mintz - Intellectual Property Viewpoints

Federal Circuit clarifies that patent venue is proper only in a single judicial district within a multi-district state

Mintz - Intellectual Property Viewpoints on

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

Foley & Lardner LLP

Federal Circuit Clarifies Venue Rule for Foreign Defendants Post-TC Heartland

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The Federal Circuit today in In re HTC Corp., Misc. 2018-130 (May 5, 2018), followed the holding of the Supreme Court in Brunette Machine Works, Ltd. v. Kockum Industries, Inc., 406 U.S. 706 (1972), that venue is proper as to...more

Foley & Lardner LLP

Unique Venue and Personal Jurisdiction Challenges of Foreign Corporations

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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

McDermott Will & Emery

Delaware Court Applies Acorda “Acts of Infringement” Definition to Post-TC Heartland Venue Analysis

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Addressing a motion to dismiss for improper venue following TC Heartland, a Delaware district court held that an abbreviated new drug application (ANDA) filer that intends to market an allegedly infringing drug in a certain...more

McDermott Will & Emery

Looking Back: TC Heartland Is a Change of Law

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In remanding a case back to the district court, the US Court of Appeals for the Federal Circuit held that the Supreme Court of the United States’ 2017 decision in TC Heartland v. Kraft Foods qualifies as a change of law, and...more

Weintraub Tobin

Federal Circuit Clarifies Waiver Of Venue Issue In Light Of TC Heartland, But Issues Still Remain For District Courts To Address

Weintraub Tobin on

The U.S. Supreme Court’s May 22, 2017 ruling in TC Heartland v. Kraft Foods held that personal jurisdiction alone does not convey venue for patent cases under the patent venue statute. Previously, the Court of Appeals for...more

Goulston & Storrs PC

Supreme Court Removes Patent Litigation from the Heartland of Texas

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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

Snell & Wilmer

Federal Circuit Clarifies Venue Waiver After TC Heartland

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The Federal Circuit issued guidance yesterday for district courts deciding venue challenges after the Supreme Court’s May 2017 decision in TC Heartland LLC v. Kraft Foods Group Brands LLC. In In re Micron Technology, Inc.,...more

Morgan Lewis

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

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

Schwabe, Williamson & Wyatt PC

2017 Supreme Court and Precedential Patent Cases From the Federal Circuit, With Some Significant Cases from 2016

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Arbitration - Waymo v. Uber Technologies, 870 F.3d 1342 (Fed. Cir. 2017) - Waymo sued Uber and others for trade secret misappropriation and patent infringement. Uber contends that Waymo should be compelled to...more

Tarter Krinsky & Drogin LLP

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

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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

McDonnell Boehnen Hulbert & Berghoff LLP

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

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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

Morgan Lewis

Federal Circuit Clarifies Venue Law in the Wake of TC Heartland

Morgan Lewis on

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

McDonnell Boehnen Hulbert & Berghoff LLP

Back to “Normal”?: Patent Venue After TC Heartland

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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

Mintz - Intellectual Property Viewpoints

District Courts Remain Split on TC Heartland and Waiver of Improper Venue Defense

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The Supreme Court’s decision five months ago in TC Heartland v. Kraft Food Group Brands was a sea change in the way courts interpret venue for patent infringement cases. Since the Federal Circuit’s decision in VE Holding...more

Morrison & Foerster LLP

MoFo IP Newsletter - July 2017

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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

Neal, Gerber & Eisenberg LLP

The Supreme Court Limits Where Patent Owners May File Infringement Actions – With Some Guidance from Applicable District Court...

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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

BakerHostetler

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

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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

Cole Schotz

Farewell to Texas? Supreme Court Limits Where Alleged Patent Infringers Can Be Sued

Cole Schotz on

For a number of years, patent owners have had broad discretion to bring patent infringement lawsuits in court locations, or “venues,” based on perceived strategic advantages and their own convenience. A federal district...more

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