News & Analysis as 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

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

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

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

District Courts Split on Admissibility of Patent Owner IPR Victories

by Jones Day on

In an opinion dated October 12, 2017, the U.S. District Court for the Eastern District of Wisconsin granted a motion in limine to exclude evidence that a challenged patent had survived twenty post-issuance proceedings,...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

Factual and Legal Issues of Malpractice in Ambulatory Surgical Centers

by Wilson Elser on

We all are familiar with complex medical malpractice lawsuits against hospitals that include claims against the numerous professionals and staff members involved in the treatment of admitted patients. The list of parties and...more

Anticipated Acts of Infringement May Establish Venue for Hatch-Waxman

by McDermott Will & Emery on

Addressing venue in the context of Hatch-Waxman litigation, the US District Court for the District of Delaware held that venue is proper in Delaware if a generic drug company has permanent and continuous presence in Delaware...more

Real Property, Financial Services, & Title Insurance Update: Week Ending October 20, 2017

by Carlton Fields on

REAL PROPERTY UPDATE FINANCIAL SERVICES UPDATE  TITLE INSURANCE UPDATE - Foreclosure: witness may testify as to business records of another company so long as that witness can lay proper foundation of personal knowledge...more

Millennium Lab Part II: Delaware Bankruptcy Court Dispels Shadow Over Non-Consensual Third-Party Releases (For Now)

by Dechert LLP on

In trotting a path out of Chapter 11, debtors in most cases will need to engage various key stakeholders, some of whom are not entitled to a distribution in the bankruptcy. As a form of remuneration, non-debtors may insist on...more

Court Limits Australia's Jurisdiction to Assist International Arbitrations

by Jones Day on

The Situation: Parties to contracts on major projects with a connection to Australia frequently arbitrate disputes elsewhere. The Development: The Federal Court of Australia ("FCA") held that Australian courts do not have...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

Dealing with Competing Class Actions, Part Two – Venue Transfer and MDL Consolidation

Part two of our series on competing class actions will address strategies intended to “corral” multiple cases: venue transfer under the federal forum non conveniens statute, and seeking multidistrict litigation (MDL)...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

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

Marshall, We Have a Problem: Texas Rocket-Docket Loses Luster

In In re Cray, Inc., No. 2017-129, the Federal Circuit granted a petition for a writ of mandamus, directing the Eastern District of Texas to transfer a case to the Western District of Washington because the defendant lacked...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

335 Results
|
View per page
Page: of 14
Cybersecurity

"My best business intelligence,
in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up using*

Already signed up? Log in here

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.