4 Key Takeaways | Updates in Standard Essential Patent Licensing and Litigation
Bar Exam Toolbox Podcast Episode 180: Listen and Learn -- Venue (Federal Civil Procedure)
Coverage Litigation Leapfrog: Why Venue Matters and How to Avoid Pre-emptive Strike Actions
The Evolution of Cross-Border Restructuring Processes
Nota Bene Episode 99: Unpacking the Pendulum of American Patent Policy Then, Now, and Forward with Rob Masters
Chapter 15 Bankruptcy Issues, Venue, and Jurisdiction by Kristhy Peguero and Jennifer Wertz
Bill on Bankruptcy: Delaware to Continue Dominating Bankruptcy
Since 2020, the two most popular venues for patent litigation in the United States have been the Western District of Texas (averaging roughly 900 cases per year from 2020-2022) and the District of Delaware (averaging roughly...more
The US Court of Appeals for the Federal Circuit vacated and remanded the dismissal of a declaratory judgment action because the district court failed to sufficiently support its decision. Mitek Systems, Inc. v. United...more
Mitek Systems, Inc. v. United Services Automobile Association, Appeal No. 2021-1989 (Fed. Cir. May 20, 2022) - Our Case of the Week this week is a declaratory judgment action brought against USAA. In a 27-page opinion,...more
The US Court of Appeals for the Federal Circuit affirmed a district court’s determination of proper venue, finding that the patent venue statute, 28 U.S.C. § 1400(b), does not apply to a third-party counterclaim defendant and...more
The US Court of Appeals for the Federal Circuit vacated a district court’s denial of motions made by two car distributors to transfer cases out of the Western District of Texas for improper venue, finding that the patent...more
In re: Volkswagen Group of America, Inc. and In re: Hyundai Motor America, Appeal Nos. 2022-108, -109 (Fed. Cir. Mar. 9, 2022) - In the most recent of multiple mandamus rulings issued by the Federal Circuit in relation to...more
KEY TAKEAWAYS AND OUTLOOK FOR 2022 - Tracking with this era’s continuation and uncertainty trends―global supply chain disruption, innovation outpacing legislation, the unstoppable internet of [all the] things (IoT)―2022 is...more
Addressing venue in the context of a Hatch-Waxman case, the US Court of Appeals for the Federal Circuit explained that sending a paragraph IV notice letter to a company in the district is insufficient to establish venue....more
In re: Juniper Networks, Inc., Appeal No. 2021-160 (Fed. Cir. Sept. 24, 2021)- In this week’s Case of the Week, the Federal Circuit issued its fifth writ of mandamus this year ordering transfer of a patent case out of the...more
Precedential Federal Circuit Opinions - QUALCOMM INCORPORATED v. INTEL CORPORATION [OPINION] (2020-1589, 2020-1590, 2020-1591, 2020-1592, 2020-1593, 2020-1594, 7/27/21) (Moore, Reyna, Stoll) - Moore, J. Vacating final...more
The US Court of Appeals for the Federal Circuit issued a rare grant of two mandamus petitions directing the US District Court for the Western District of Texas to transfer the underlying patent infringement actions to the US...more
In re: Samsung Electronics Co., Ltd., et al., Appeal Nos. 2021-139, -140 (Fed. Cir. June 30, 2021) - In this week’s Case of the Week, the Federal Circuit granted mandamus petitions filed by Samsung and LG Electronics,...more
The US Court of Appeals for the Federal Circuit concluded that the minimum contacts or purposeful availment test for specific personal jurisdiction was satisfied where a patent owner sent multiple infringement notice letters...more
In 2020, the US Supreme Court and Court of Appeals for the Federal Circuit continued to refine key aspects of intellectual property law on issues that will have an impact on litigation, patent prosecution and business...more
Since Judge Alan D. Albright took the bench in the Western District of Texas in September 2018, the number of patent litigation cases in that district has risen exponentially....more
On February 13, 2020, the U.S. Court of Appeals for the Federal Circuit reversed the Eastern District of Texas’ ruling that venue was proper in In re Google, 2019-126, halting for now the line of precedent finding that...more
PATENT CASE OF THE WEEK - In re: Google LLC, Appeal No. 2019-126 (Fed. Cir. Feb. 13, 2020) - In this week’s Case of the Week, the Federal Circuit granted mandamus to dismiss or transfer a patent infringement suit for...more
State Sovereignty Principles Do Not Allow a State to Bring a Patent Infringement Suit in an Improper Venue - In Board of Regents v. Boston Scientific Corp., Appeal No. 2018-1700, the Federal Circuit ruled that the patent...more
Reaffirming that the plaintiff in a patent case has the burden of establishing that venue is proper, the US Court of Appeals for the Federal Circuit affirmed a district court’s dismissal. The Court ultimately denied the...more
WESTECH AEROSOL CORPORATION v. 3M COMPANY - Before Lourie, Mayer, and Reyna. Appeal from the United States District Court for the Western District of Washington. Summary: To establish proper venue, a plaintiff must...more
Federal Circuit Determines Time-Barred Petitioner Joined to an IPR Has Appellate Standing - In Mylan Pharmaceuticals Inc. v. Research Corporation Tech., Appeal Nos. 2017-2088, -2089, -2091, the Federal Circuit held that a...more
PATENT CASE OF THE WEEK - Athena Diagnostics, Inc. v. Mayo Collaborative Services, LLC, Appeal No. 2017-2508 (Fed. Cir. Feb. 6, 2019) In an appeal from an order of the United States District Court for the District of...more
Addressing personal jurisdiction for declaratory judgment actions, the US Court of Appeals for the Federal Circuit found that there was personal jurisdiction over the plaintiff, and that there is no generalized rule that...more
Federal Circuit Summary - Before Newman, Wallach, and Stoll. Appeal from the District Court of the Northern District of Texas. Summary: There is no generalized rule that sending letters alleging patent infringement...more
Venue selection has been a primary focus for the past few years in patent infringement cases. However, a recent Federal Circuit decision serves as a reminder that a court must first be found to be able to exercise personal...more