News & Analysis as of

TC Heartland LLC v Kraft Foods

Federal Circuit Concludes that TC Heartland Was a Change in the Law, Reviving Venue Transfer Motions for Defendants Previously...

On November 15, 2017, the United States Court of Appeals for the Federal Circuit resolved a split among district courts on the question whether the United States Supreme Court’s TC Heartland decision constituted a change in...more

Federal Circuit Ruling Makes It Possible To Move For A Change In Venue Even In Patent Infringement Cases In Which The Deadline For...

by Brinks Gilson & Lione on

On November 15, 2017, the U.S. Court of Appeals for the Federal Circuit issued a decision that could provide opportunities for defendants in pending patent litigation to file motions to change venue even in cases in which...more

Federal Circuit Clarifies Venue Waiver After TC Heartland

by Snell & Wilmer on

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

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 Rules That TC Heartland Is A Change Of Law Preventing A Waiver Of Venue, But Rules That A Forfeiture Of Venue May...

by Orrick - IP Landscape on

Granting Petition for Writ of Mandamus, In re: Micron Technology, Fed. Cir. (November 15, 2017) - In the wake of the Supreme Court’s decision in TC Heartland, courts had been struggling with the question of whether...more

Yahoo Asks Federal Circuit to Determine Whether TC Heartland Changed, or Merely Clarified, Venue Rules

In an interesting development in the post-TC Heartland world, it appears that the Federal Circuit will soon answer the question whether the Supreme Court’s venue decision was a change in the law, or merely a course-correction...more

Minnesota Patent Litigation Wrap-Up – October 2017

by Fish & Richardson on

This post continues our monthly summary of patent litigation in the District of Minnesota, including short summaries of substantive orders issued in pending cases. In October 2017, there were two notable decisions for...more

Judge Broderick Finds That TC Heartland Affected a “Sea Change” and Grants Motion to Dismiss For Improper Venue

On October 20, 2017, District Judge Vernon Broderick (S.D.N.Y.) granted Defendants' Watters Design, Inc.'s, Essense of Australia, Inc.'s, and David's Bridal, Inc.'s motions to dismiss under Federal Rule of Civil Procedure...more

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

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

Pro Te: Solutio - Vol. 10 No. 3 – Summer 2017

by Butler Snow LLP on

Every summer vacation (or, at least, the ability to take the weekend off!) should include a good read. Whether your preference runs toward a memoir with words of wisdom, a review of new technical advancements, issues of...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

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

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

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

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

Federal Circuit Issues First Published Decision Applying High Court’s T.C. Heartland Decision Regarding Patent Venue

by McGuireWoods LLP on

In the first published decision applying the Supreme Court’s T.C. Heartland holding regarding patent venue, the Federal Circuit reversed Eastern District of Texas Judge Rodney Gilstrap’s In Re Cray decision denying a motion...more

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