Trend Results : TC Heartland


Blog Post Results (1-20 of 32)

FILTER RESULTS

Patent Venue: Half Christmas Pie, And Half Crow

Professor Paul M. Janicke returns to the Patently-O Patent Law Journal with a look back at his predictions about venue prior to the Supreme Court’s decision in TC Heartland LLC v. Kraft Foods Group Brands LLC, 137 S.Ct. 1514 (2017)(limiting patent venue).  The new article is aptly titled Paul M. Janicke, Patent Venue: Half Christmas Pie, And Half […]

Federal Circuit Sends Muddy Message on 'TC Heartland' Venue Waivers

Companies that failed to challenge venue prior to TC Heartland haven't waived that right, the Federal Circuit ruled. But the court said district judges retain the inherent power to manage their dockets.       

Federal Circuit: TC Heartland changed the law; pre-decision waiver of venue challenges are nullified

by Dennis Crouch In re Micron (Fed. Cir. 2017) On writ of mandamus, the Federal Circuit has sided with accused-infringer Micron – holding that TC Heartland was a sufficient change in the controlling law of venue to overcome the fact venue-challenge had been previously waived in the case.  My sense is that this is quite poor analysis opinion, but the […]

Looking-Back: TC Heartland; Waiver; and a Change in the Law

In re Yahoo (Fed. Cir. 2017) The Federal Circuit has ordered briefing in Yahoo’s petition for writ of mandamus on the issue of venue.  The E.D.N.Y. denied Yahoo’s motion to dismiss, holding (on oral decision): (1) that Yahoo had waived its right to challenge venue; and (2) that TC Heartland did not change the law (since Fourco has been […]

Patent Venue: Cyberspace does not Expand Place of Business

Important mandamus order narrowing patent venue. In re Cray (Fed. Cir. 2017) [Read the Case] Following the Supreme Court’s decision in TC Heartland, the debate has moved to interpretation of the requirement that an infringement defendant have either residence or “a regular and established place of business” in the chosen venue. Any civil action for patent […]

After SCOTUS rulings, less forum-shopping

5 months agoIndustries / Law : Overlawyered

Following the Supreme Court’s ruling in TC Heartland v. Kraft Foods, cases filed in the Eastern District of Texas fell from 36% of all patent filings to 21% [Debra Cassens Weiss, ABA Journal] “Quick trials, big verdicts favoring consumers, and a state law that allows nonresidents to easily join mass litigations made St. Show More Summary

Where Does Infringement Occur?  Lessons from Extraterritoriality Cases

Guest post by Josh Landau, Patent Counsel for CCIA It seems like a truly simple question to answer: where is an act of infringement committed?  And it’s one that became more important after TC Heartland’s decision that venue is proper “in the judicial district where the defendant resides, or where the defendant has committed acts of […]

Patentlyo Bits and Bytes by Anthony McCain

Gene Quinn: SCOTUS Reverses Federal Circuit In TC Heartland Shawn Knight: Apple And Nokia Settle Intellectual Property Dispute Vera Ranieri: No Evidence That “Stronger” Patents Will Mean More Innovation Donald Zuhn: Biscotti v. Microsoft Scott Mckeown: Public vs. Show More Summary

Bad News for Patent Trolls: Forum Shopping Is Finally Over

After a ruling by the U.S. Supreme Court in TC Heartland v. Kraft, patent trolls will have a harder time proving their cases. That's because now patent claims will have to be made in a defendant's home state -- not in a forum-friendly jurisdiction that trolls have used to litigate......

Soon, tumbleweeds in E.D. Tex.? SCOTUS strikes at patent forum-shopping

8 months agoIndustries / Law : Overlawyered

This morning’s Supreme Court opinion in TC Heartland v. Kraft Foods, hinging on what I described in January as a dry point of statutory interpretation, is likely to stand as a landmark win for defendants in patent litigation – and, on a practical level, for fairer ground rules in procedure. Show More Summary

Patent Defendants Win a Big One

This morning’s Supreme Court opinion in TC Heartland v. Kraft Foods, hinging on what I described in January as a dry point of statutory interpretation, is likely to stand as a landmark win for defendants in patent litigation – and, on a practical level, for fairer ground rules in procedure. Show More Summary

Sorry East Texas: Supreme Court Slams The Door On Patent Jurisdiction Shopping

8 months agoIndustries / Law : Techdirt

Another Supreme Court case on patents, and another complete smackdown of the Court of Appeals for the Federal Circuit (CAFC), the court that is supposed to be the "expert" on patent cases. This morning the ruling on the TC Heartland case came out, and it could help put an end to jurisdiction shopping for patent cases. Show More Summary

Supreme Court Reins-In Patent Venue

by Dennis Crouch In TC Heartland LLC v. Kraft Foods Group Brands LLC, the Supreme Court has significantly shifted the balance away from the geographically fringe Eastern District of Texas – holding that the residence requirement of 28 U.S.C. Show More Summary

TC Heartland LLC v. Kraft Foods Oral Arguments.

Last week’s oral arguments in TC Heartland LLC v. Kraft Foods (SCT 16-341) went well for the petitioner. [TRANSCRIPT: 16-341_8njq]  In the case, the accused infringer TC Heartland argues that Delaware is an improper venue for its patent case since 28 U.S.C. 1400(b) limits patent venue to “judicial district where the defendant resides, or where the defendant has […]

Supreme Court Case Could Make Patent Lawsuits Easier on Domestic Automakers

A Supreme Court ruling between two food companies may benefit the Detroit Three and its many domestic suppliers. The case of TC Heartland LLC v. Kraft Foods Group Brands focused on where plaintiffs in an intellectual property or patent infringement dispute can file a lawsuit. Show More Summary

In Defense of the Federal Circuit: TC Heartland and Patent Venue

Guest Post by Professors Megan M. La Belle & Paul R. Gugliuzza Patent litigation is, as we all know, highly concentrated in a small number of districts.  Most notably—some might say, notoriously—the rural Eastern District of Texas hears about forty percent of all patent cases nationwide.  Many lawyers and scholars consider this case concentration to […]

TC Heartland: Statutory Interpretation, Fairness, and E.D.Texas

by Dennis Crouch The topside briefs have been filed in TC Heartland with strong support for the petitioner who is looking to dismantle the notion of nationwide venue against accused patent infringers.  The question presented in the case is one of basic statutory interpretation of Congress’s venue statute: Whether 28 U.S.C. § 1400(b) is the sole and exclusive provision […]

Patentlyo Bits and Bytes by Anthony McCain

Neal Solomon: The Transformation Of The American Patent System Ephrat Livni: Do Cake Designs Count As Intellectual Property Walter Olson: TC Heartland v. Kraft Foods: Will The Court Curb Patent-Law Forum Shopping Audrey Millemann: Covered Business Methods Patents – Not So Broad Mark Summerfield: The Challenges Of Protecting And Commercializing IP in Casino Games Get […]

TC Heartland v. Kraft Foods: Will the Court Curb Patent-Law Forum Shopping?

Twelve years ago Congress passed the Class Action Fairness Act of 2005, much of whose point was to curb the then-rampant practice in class actions of national forum-shopping, that is, filing a lawsuit in whichever of many possible courts around the U.S. Show More Summary

Guest Post: TC Heartland and Statutory Interpretation

By: Michael Risch, Professor of Law, Villanova University Charles Widger School of Law After the certiorari grant in TC Heartland, Dennis solicited a blog post from anyone who thought the case was not a slam dunk. Always the contrarian, I took him up on the offer. In a prior blog post at my own blog, […]

Copyright © 2015 Regator, LLC