News & Analysis as of

Venue Writ of Mandamus

Husch Blackwell LLP

Present Tense Interpretation Clarifies Missouri’s Venue Statute for Corporate Defendants

Husch Blackwell LLP on

On August 15, 2023, the Missouri Supreme Court in State ex rel. Monsanto Co. v. Mullen, No. SC99942 (Mo. Aug. 15, 2023) (en banc), clarified competing interpretations of Mo. Rev. Stat. 508.010.5(1) (2016) with regard to the...more

McDermott Will & Emery

Dude, Where’s My Venue? Texas Car Dealerships Aren’t Distributor Agents

McDermott Will & Emery on

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

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - March 2022 #2

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

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - September 2021 #4

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

Knobbe Martens

The Location of Witnesses and Relevant Evidence Still Reigns Supreme in Venue Decisions

Knobbe Martens on

In Re: Juniper Networks, Inc. Before Lourie, Bryson, and Taranto. Per Curiam. On Petition for Writ of Mandamus to the United States District Court for the Western District of Texas. Summary: A party’s relatively...more

WilmerHale

CAFC Patent Cases - July 2021

WilmerHale on

IN RE: SAMSUNG ELECTRONICS CO., LTD., SAMSUNG ELECTRONICS AMERICA, INC., LG ELECTRONICS INC., LG ELECTRONICS USA, INC. [OPINION] (2021-139, 2021-140, 6/30/2021) (Lourie, Dyk, Reyna) - Dyk, J. Granting the writs of...more

Knobbe Martens

Characterizing Plaintiff’s Actions as Attempts to “Manipulate Venue,” Federal Circuit Orders Transfer of Cases to More Convenient...

Knobbe Martens on

IN RE: SAMSUNG ELECS., CO., LTD. Before Lourie, Dyk, and Reyna.  On Petitions for Writs of Mandamus to the U.S. District Court for the Western District of Texas. Summary:  Manipulation of venue through...more

Proskauer - Employee Benefits & Executive...

Ninth Circuit Enforces Forum Selection Clause in 401(k) Plan

On April 1, 2021, the Ninth Circuit became the third circuit court to conclude that a forum-selection clause in an ERISA 401(k) plan is enforceable. The Ninth Circuit thus denied a petition for mandamus seeking to overturn a...more

Winstead PC

Court Holds That Venue For Suit Over Royalties By A Trustee Was Proper Due To Statutory Venue Provision Even Though The Suit Did...

Winstead PC on

In In re Equinor Tex. Onshore Props., a trustee filed two cases against different defendants in the same county regarding a royalty dispute under oil and gas leases. No. 05-20-00578-CV, 2020 Tex. App. LEXIS 8042 (Tex....more

McDonnell Boehnen Hulbert & Berghoff LLP

In re Nitro Fluids L.L.C. (Fed. Cir. 2020)

Venue in patent cases has been a topic of recent Supreme Court (TC Heartland LLC v. Kraft Foods Group Brands LLC) and Federal Circuit (In re Cray) consideration. Last month, the Federal Circuit again considered venue with...more

WilmerHale

CAFC Patent Cases, 10/26/20 – 11/09/20

WilmerHale on

Precedential Federal Circuit Opinions: In Re NITRO FLUIDS L.L.C. [ORDER] (2020-0142, 10/28/28) (REYNA, WALLACH, and CHEN)  - Reyna, J.  The Court considered a petition for a writ of mandamus seeking transfer from the...more

McDermott Will & Emery

Overcoming Heavy Burden Required to Succeed on Venue-Related Writ of Mandamus

McDermott Will & Emery on

Addressing a venue challenge, the US Court of Appeals for the Federal Circuit denied a petition for a writ of mandamus because the challenger did not demonstrate it had no adequate alternative means to obtain desired relief...more

Skadden, Arps, Slate, Meagher & Flom LLP

The Class Action Chronicle - August 2020

Interpreting Bristol-Myers : Are Unnamed Members of Nationwide Class Actions ‘Parties’? If So, When? In 2017, the Supreme Court decided Bristol-Myers Squibb Co. v. Superior Court of California (BMS), holding that a...more

Knobbe Martens

Federal Circuit Review - February 2020

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PTAB May Not Cancel Claims on the Grounds of Indefiniteness in an IPR Proceeding - In Samsung Electronics America v. Prisua Engineering Corp., Appeal No. 19-1169, the Federal Circuit held that the Patent Trial and Appeal...more

Knobbe Martens

A “Regular and Established Place of Business” Under the Patent Venue Statute Requires the Presence of an Employee or Agent...

Knobbe Martens on

IN RE: GOOGLE LLC - Before Dyk, Wallach, and Taranto. On Petition for Writ of Mandamus to the District Court for the Eastern District of Texas. Summary: A defendant does not have a “regular and established place of...more

Schwabe, Williamson & Wyatt PC

Latest Federal Circuit Court Cases - November 2018 #3

ArcelorMittal Atlantique Et Lorraine v. AK Steel Corporation, Appeal No. 2017-1637 (Fed. Cir. Nov. 14, 2018) - In an opinion originally filed as sealed on Nov. 5 and unsealed on Nov. 18, the Federal Circuit vacated and...more

Knobbe Martens

In Re Oath Holdings Inc.

Knobbe Martens on

Federal Circuit Summary - Before Dyk, Reyna, and Taranto, per curiam. Petition for Writ of Mandamus from the District Court for the Eastern District of New York. Summary: In a case pending before TC Heartland was...more

Knobbe Martens

Federal Circuit Review - June 2018

Knobbe Martens on

A Complaint Identifying Infringing Products and the Patents Allegedly Infringed, Accompanied by Statements that the Products Meet All Elements of at Least One Claim of the Asserted Patents, May be Sufficient to Meet the...more

Akin Gump Strauss Hauer & Feld LLP

Corporate Defendant in Patent Infringement Suit Does Not Necessarily Reside in All of the Judicial Districts in a State with...

The Federal Circuit ruled that when a defendant is incorporated in a state that has multiple judicial districts, the defendant will reside in only one of the districts for venue purposes under the patent venue statute, 28...more

Mintz - Intellectual Property Viewpoints

Federal Circuit Holds Federal Circuit Law Applies to Patent Venue Challenges and Places Burden on Plaintiffs to Establish Venue

On May 14, 2018, the United States Court of Appeals for the Federal Circuit, In re: ZTE (USA) Inc., No. 2018-113, held that Federal circuit law governs the burden of proof for venue challenges under 28 U.S.C. § 1400(b) and...more

Schwabe, Williamson & Wyatt PC

Fresh From the Bench: Latest Federal Circuit Court Cases

Praxair Distribution, Inc. v. Mallinckrodt Hospital Products IP Ltd., Appeal Nos. 2016-2616, -2656 (Fed. Cir. May 16, 2018) - In an appeal from a inter partes review, the Federal Circuit reviewed a PTAB obviousness...more

Schwabe, Williamson & Wyatt PC

Fresh From the Bench: Latest Federal Circuit Court Cases

PATENT CASE OF THE WEEK - WesternGeco LLC v. Ion Geophysical Corp., Appeal Nos. 2016-2099, -2100, -2101, -2332, -2333, -2334 (Fed. Cir. May 7, 2018) - In an appeal from an inter partes review, the Federal Circuit...more

Knobbe Martens

In Re: HTC Corporation

Knobbe Martens on

Federal Circuit Summary - Before PROST, WALLACH, and TARANTO. On Petition for Writ of Mandamus to the U.S. District Court for the District of Delaware. Summary: The patent venue statute, 28 U.S.C. § 1400(b), does not...more

Foley & Lardner LLP

Federal Circuit Rules That Supreme Court Decision in TC Heartland Was a Change of Law

Foley & Lardner LLP on

In good news for those awaiting decisions on pending motions to transfer, or those contemplating a challenge to a recent denial of their motion – especially in the ED Texas, ND California, CD California and Delaware – on...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

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