News & Analysis as of

Venue Patent Litigation Federal Rules of Civil Procedure

Patterson Belknap Webb & Tyler LLP

Not a Repeat Offender: Magistrate Judge Bloom Declines to Sanction “Ernest” Pro Se Plaintiff for Re-filing Dismissed Case in a...

On April 4, 2025, Magistrate Judge Lois Bloom (E.D.N.Y.) declined to sanction a pro se plaintiff for failing to conduct an adequate pre-suit investigation of whether his patent was infringed. Plaintiff initially filed a...more

Baker Botts L.L.P.

Use of Amazon Warehouses for Distribution Alone Won't Establish Patent Venue, Court Rules

Baker Botts L.L.P. on

Key Takeaway: Just as over a million businesses use Amazon web servers, many independent sellers also use Amazon warehouses to store their inventory. More than 60% of sales in the Amazon store come from independent sellers,...more

Bond Schoeneck & King PLLC

Will EDTX Sanctions Decision Deter Improper Venue Allegations in Patent Lawsuits?

Following the Supreme Court’s TC Heartland decision in 2017, a patent owner may only sue an alleged infringer in either: (1) a judicial district of the state where the defendant is incorporated; or (2) a judicial district...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

Proskauer Rose LLP

Ventures in Venue: Selecting the Proper Patent Venue

Proskauer Rose LLP on

Amongst the many decisions an attorney makes throughout litigation, there is one choice that can shape the outcome of a case way before filing a motion, setting discovery and trial strategy, or even calling a witness: venue,...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

McDonnell Boehnen Hulbert & Berghoff LLP

More Views on Venue -- Federal Circuit Addresses In re Micron Fallout

Last Spring, the Supreme Court in TC Heartland LLC v. Kraft Foods Group Brands LLC held that the word "resides" in the patent venue statute, 28 U.S.C. § 1400(b), "refers only to the State of incorporation" of the alleged...more

Kelley Drye & Warren LLP

Catching-Up On House Judiciary Committee’s Revised Innovation Act

Recently the House Judiciary Committee voted 24-8 to approve a revised version of the Innovation Act. As we previously discussed, the Innovation Act was re-introduced in the House earlier this year in the same form approved...more

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