News & Analysis as of

Jurisdiction Patents Venue

McDermott Will & Schulte

High Burden Dooms Intra-District Transfer Request

The US Court of Appeals for the Federal Circuit denied a mandamus petition requesting transfer from the Marshall division to the Sherman division within the US District Court for the Eastern District of Texas, finding that...more

Sheppard Mullin Richter & Hampton LLP

The Federal Circuit Affirms Deterrence Sanctions

The Federal Circuit affirmed a district court’s award of sanctions for bad faith against a plaintiff’s conduct based on the meritless nature of several lawsuits filed in incorrect venues....more

Porter Hedges LLP

How the Shift to a Permanent Remote Workforce Can Impact Venue for Patent Infringement Lawsuits

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The COVID-19 pandemic changed the way employers and employees viewed remote work. What was once a rare perk enjoyed by few became an everyday necessity almost overnight. In 2020, most people engaged in some type of work from...more

WilmerHale

CAFC Patent Cases - August 2021

WilmerHale on

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

Fitch, Even, Tabin & Flannery LLP

Pendent Venue: What Is It, and Can You Still Rely on It?

Venue, in the context of the federal law, refers to the judicial district in which a case can be heard. Venue must be established for each cause of action in a case. In most federal civil litigation, proper venue is...more

Morrison & Foerster LLP - Federal Circuitry

Last Week in the Federal Circuit (June 28-July 2): What Do We Do with a Venue Dodger?

The Federal Circuit sits for oral arguments this week. Despite juggling argument preparation and the July 4 holiday weekend, the Court still managed to release several decisions last week. One was a precedential order...more

BakerHostetler

[Webinar] One Year of Patent Law in 60 Minutes - February 24th, 12:00 pm - 1:00 pm EST

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Give us an hour of your time and we will deliver a fun and free CLE with a fast-paced overview on the state of patent law. In their fourth annual webinar, BakerHostetler Partners Michael E. Anderson and Jason F. Hoffman will...more

BakerHostetler

[Webinar] Patent Law: 2019 Year End Review (and 2020 Preview) - February 26th, 12:00 pm ET

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This timely and fast-moving webinar provides insight for business leaders and legal counsel, highlighting many of the significant holdings by the Supreme Court and Federal Circuit in patent cases in 2019 and what issues are...more

McDermott Will & Schulte

Don’t Mess with Texas? State Sovereignty Doesn’t Make Plaintiff Immune to Venue Transfer

The US Court of Appeals for the Federal Circuit rejected the arguments of a state university in support of sovereign immunity and affirmed the district court’s decision to transfer the case to the District of Delaware. Board...more

Knobbe Martens

Federal Circuit Review - September 2019

Knobbe Martens on

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

Fenwick & West LLP

Clear Trends Visible in the Post-TC Heartland Patent Landscape

Fenwick & West LLP on

The patent landscape experienced a paradigm shift with the May 2017 United States Supreme Court decision in TC Heartland v. Kraft Foods Group Brands. In TC Heartland, venue in patent cases was narrowed to either (1) the...more

Mintz - Intellectual Property Viewpoints

Alexa: What is venue?

A recent decision from the Northern District of New York provides a detailed outline for analyzing venue in patent infringement cases, and may provide facts that companies with equipment installed in other districts should...more

Polsinelli

Federal Circuit Holds that Demand Letters May Create Jurisdiction and Venue In the Location where the Demand Letter is Sent

Polsinelli on

KANSAS CITY, Mo. On Dec. 7, 2018, the Federal Circuit issued a decision in Jack Henry & Associates, Inc. v. Plano Encryption Technologies, case number 16-2700, holding that non-practicing entities (companies whose only...more

Eversheds Sutherland (US) LLP

Mandamus for the rest of us - The Federal Circuit continues its trend of clarifying patent venue post-TC Heartland

On May 22, 2017, the Supreme Court fundamentally narrowed patent venue by unanimously holding in TC Heartland that patent holders must follow the patent venue statute, 28 U.S.C. § 1400(b), which requires suing (1) “where the...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

Smart & Biggar

Top 5 reasons to consider patent litigation in Canada now

Smart & Biggar on

Canada has historically been a much less active jurisdiction for patent litigation compared to the United States, which can be explained in part by the simple fact that the United States’ market is almost 10 times the size of...more

BakerHostetler

[Webinar] Patent Law: 2017 Year End Review (and 2018 Preview) - February 28th, 12:00pm ET

BakerHostetler on

This timely and fast-moving webinar provides insight for business leaders and legal counsel, highlighting many of the significant holdings by the Supreme Court and Federal Circuit in patent cases in 2017 and what issues are...more

McDonnell Boehnen Hulbert & Berghoff LLP

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

Fenwick & West LLP

Key SCOTUS Decisions in Tech – First Half 2017

Fenwick & West LLP on

Despite being short one justice for much of the year, the U.S. Supreme Court handed down multiple significant decisions this past term that can unsettle long-standing legal understandings in multiple technology fields. These...more

Akin Gump Strauss Hauer & Feld LLP

New Life for Venue Challenges under TC Heartland after Rule 12 Motions Are Concluded

In a May 23, 2017 Text Order, the District Court for the Central District of Illinois directed the parties sua sponte to brief the impact of the Supreme Court’s May 22, 2017 decision in TC Heartland LLC v. Kraft Foods Group...more

Schwabe, Williamson & Wyatt PC

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

The big news this week (and it is particularly big news in Tyler and Marshall, Texas) is that the ?Supreme Court rules that a defendant “resides” for purposes of the patent venue statute only ?where the defendant actually ?is...more

Smith Anderson

T.C. Heartland Leaves Open Patent Venue Questions

Smith Anderson on

The words “venue” and “headline news” are typically not found in the same sentence. Yet the United States Supreme Court’s decision in T.C. Heartland LLC v. Kraft Foods Group Brands LLC, 581 U.S. ___ (2017) managed to achieve...more

McDermott Will & Emery

It’s Not Easy to Get into the Federal Circuit - In re ICM, Inc., In re Foundations Worldwide, Inc., Momenta Pharm., Inc. v....

In addressing four cases requesting action regarding jurisdiction or venue transfer, the U.S. Court of Appeals for the Federal Circuit scored a Texas hat trick and bounced four cases out of the Court, denying two petitions...more

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