News & Analysis as of

Transfer of Venue

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

Foreign Companies' Victories in Chinese Courts Support Forum Non Conveniens Motions in U.S. Courts

by Jones Day on

The Situation: A series of recent intellectual property case victories by foreign plaintiffs against Chinese companies in Chinese courts has relevance for the forum non conveniens doctrine as a critical defense motion in U.S....more

Juniper Faces Blue Spike’s “Assembly-Line Litigation Campaign”

by Shook, Hardy & Bacon L.L.P. on

In January 2017, Blue Spike, LLC (“Blue Spike”) filed what has been described as the largest patent infringement case in the U.S. Blue Spike asserted 26 patents containing 656 claims against 113 products owned by Juniper...more

Sixth Circuit Clarifies Where To Appeal In A Transferred Case

Last month, the Sixth Circuit subtly deepened a circuit split over a significant question of appellate jurisdiction within the federal courts: When a lawsuit begins in one U.S. district court but is transferred to a second...more

Federal Circuit Provides Much Needed Patent Venue Guidance Post TC Heartland

by Fenwick & West LLP on

The Federal Circuit has issued a landmark venue decision setting forth the standard for determining what constitutes a “regular and established place of business” under 28 U.S.C. § 1400(b). Section 1400(b) limits venue in...more

Federal Circuit Rejects Eastern District of Texas’s Post-TC Heartland Venue Test

In In re Cray Inc., the Federal Circuit directed the Eastern District of Texas to transfer a patent infringement case brought by Raytheon against Cray out of the district. In doing so, the Federal Circuit rejected the...more

Fresh From the Bench: Precedential Patent Cases From the Federal Circuit

In In Re Cray, the panel grants Cray’s petition for a writ of mandamus, ruling that the district court’s handling of the case is not consistent with its case law regarding what is “a regular and established place of...more

CAFC Issues Writ of Mandamus reversing Eastern District of Texas 4-Factor Test for a “Regular and Established Place of Business”...

In In re: Cray, Inc, No. 2017-129, the CAFC issued a writ of mandamus vacating Judge Gilstrap’s decision involving venue under 28 U.S.C. §1400(b) in Raytheon Co. v. Cray Inc., Case No. 15-cv-1554 (E.D. Texas). That earlier...more

Awful Missouri Venue and Warnings Opinion Affirmed—But Maybe Some Hope

by Reed Smith on

Hope springs eternal. At least that is what the optimists say, and while we would like to see the bright side of the Missouri Supreme Court’s split opinion on venue in Barron v. Abbott Laboratories, Inc., No. SC 96151, 2017...more

In re Cray Inc. (Fed. Cir. 2017)

Judge Gilstrap's Short-lived Venue Calculus - The Federal Circuit has spent more than a decade as the Supreme Court's favorite judicial whipping boy, usually because the Court apprehended that their appellate inferior had...more

Federal Circuit Provides Important Guidance on Establishing Patent Venue

by Orrick - IP Landscape on

Order Granting Mandamus and Directing Transfer of Case, Raytheon Company v. Cray, Inc., Federal Circuit (September 21, 2017) - The Federal Circuit today clarified what it means to have “a regular and established place of...more

Federal Circuit Vacates Judge Gilstrap’s Controversial Venue Test

The Eastern District of Texas has been the hotbed of patent ligation for years, and that is undoubtedly threatened in light of the Supreme Court’s decision on venue in TC Heartland.  But the Eastern District clearly won’t go...more

District of Delaware “Clips”- Off Venue-Discovery for Medical Device Company but Allows It for Pharmaceutical Company

by Orrick - IP Landscape on

Boston Sci. Corp. v. Cook Grp., Inc., No. 15-980-LPS-CJB, 2017 U.S. Dist. LEXIS 146126, at *2 (D. Del. Sep. 11, 2017); Bristol-Myers Squibb Co. v. Mylan Pharm., Inc., No. 17-379-LPS, 2017 U.S. Dist. LEXIS 146372, at *3 (D....more

Missouri Adopts High Burden for Venue Challenges and Affirms a $23 Million Punitive Damages Award Based, in Part, on a...

by Lathrop Gage on

On September 12, 2017 the Missouri Supreme Court handed down its 4-3 opinion in Barron v. Abbott Laboratories, Inc., SC96151, dealing a significant blow to businesses who seek to transfer cases from Missouri trial venues...more

Minnesota Patent Litigation Wrap-Up – August 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 August 2017, there were three notable decisions for...more

District Courts Continue to Split on Whether TC Heartland Provides Grounds to Raise New Venue Challenges

by Orrick - IP Landscape on

Order Granting Leave to Amend Answer and Granting Transfer of Venue, OptoLum, Inc. v. Cree, Inc., D. Ariz. (July 24, 2017) (Judge Douglas Rayes) - Since the Supreme Court’s decision in TC Heartland, many defendants in...more

District Courts Disagree on Venue-Waiver Issues After TC Heartland

by Snell & Wilmer on

At the end of May this year, the Supreme Court unanimously clarified the law on venue in patent infringement lawsuits (see here). For 27 years, litigants had relied on a Federal Circuit decision, VE Holding Corp. v. Johnson...more

Judge Sleet Denies Defendants’ Motion To Transfer Venue In Patent Infringement Action

by Fox Rothschild LLP on

By Memorandum Opinion entered by The Honorable Gregory M. Sleet in Koniklijke Philips N.V. v. HTC Corp., Civil Action No. 15-1125-GMS (D.Del. July 18, 2017), the Court denied Defendants’ Joint Motion to Transfer Venue which...more

Massachusetts Court Decides to Transfer Case in View of TC Heartland Venue Standard

Less than two months ago, the Supreme Court handed down its decision in TC Heartland v. Kraft Food Group Brands LLC—which significantly changed the way that venue in patent infringement cases would be determined. Under TC...more

The Spectre That Haunts Motions to Compel Arbitration: Venue

When a claimant who is party to an arbitration agreement initiates litigation of arbitrable claims, the defendant in that case typically expects to be able to move successfully to compel arbitration under the Federal...more

Guidance for Companies Picking a State for Operations in the U.S.

New District Court Opinion Discussing the Scope of Specific Jurisdiction After Bristol-Myers Squibb Co. v. Superior Court of San Francisco County,582 U.S. ____ (2017) – Wow, that was quick! A District Court Judge from the...more

One Out of Three Isn’t Bad, But Case Moves from New York to Florida Anyway

On April 26, 2017, District Judge Gregory H. Woods (S.D.N.Y.) found that one of the three defendants was subject to personal jurisdiction in New York and denied a motion to dismiss for lack of personal jurisdiction, but...more

Judge Sleet Grants TuffStuff’s Motion to Transfer Patent Infringement Action

by Fox Rothschild LLP on

By Memorandum Order entered by The Honorable Gregory M. Sleet in Blackbird Tech LLC d/b/a Blackbird Technologies v. TuffStuff Fitness et al., Civil Action No. 16-733-GMS (D.Del. April 27, 2017), the Court granted the motion...more

Exxon Case Against AGs Transferred to New York: Judge Kinkeade Fires a Parting Shot

On Wednesday, Judge Ed Kinkeade ordered that Exxon Mobil’s suit against NY Attorney General Eric Schneiderman and Massachusetts Attorney General Maura Healey be transferred to the Southern District of New York.  The AGs must...more

Becoming the Target of an Antitrust Lawsuit: Essential Considerations

by Polsinelli on

Becoming the target of an antitrust lawsuit is a daunting prospect for any business. Antitrust lawsuits are often time-consuming and expensive to defend, and the consequences of losing a case can be severe. Under the Sherman...more

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