Supreme Court Decision Deals Blow to ‘Patent Trolls’ and the ‘Best Little’...
After TC Heartland, patent infringement filings by patent trolls should be greatly reduced because they can no longer simply file and maintain cases against domestic corporations in plaintiff-friendly...
View ArticleMDL Proceedings as a Tool to Manage Patent Cases After TC Heartland
Some analysts have concluded that the Supreme Court’s recent decision in TC Heartland will make it more difficult for patent owners to enforce their patents. Generally, they assert that patent...
View ArticleDiverging Viewpoints on Venue Change Following T.C. Heartland
In two recent decisions following T. C. Heartland, district courts have applied two different methodologies in resolving motions to change venue... In the first decision a trial judge in the Eastern...
View ArticleTC Heartland Requires Standardized Local Rules and Demand Letter Reform
In their recent TC Heartland decision, SCOTUS created unequal protection against patent infringers based on geographical incorporation decisions. They added uncertainty in time, cost, and outcome in...
View ArticleIssa seems to believe patents are an entitlement, not a property right
For the first 220 years of United States black letter law and precedent based directly on the U.S. Constitution, patents are property rights. Even the Republican Party Platform states that patents are...
View ArticleWhat TC Heartland v. Kraft Food Group Brands Means for Patent Infringement Suits
Under the Federal Rules of Civil Procedure, a party waives its right to assert a defense of improper venue when it fails to raise the defense in a pleading or with other Rule 12 motions. Importantly,...
View ArticleWhat Changes Result from the Supreme Court Decision in TC Heartland?
Unfortunately, the answer may be not as much as many expected. Right after the decision there were 350 motions to transfer or dismiss in the EDTX. But the limitations imposed by TC Heartland have been...
View ArticleSenate Republicans discuss patent reform in private briefing with infringer...
The Senate Republican High-Tech Task Force convened in order to hear from patent experts on the impact of the U.S. Supreme Court's ruling in TC Heartland, the IPR process and patent eligibility, and to...
View ArticleDenying TC Heartland Changed the Law on Venue Ignores Reality
On May 22, 2017, in TC Heartland LLC v. Kraft Foods Group Brands, LLC, 137 S.Ct. 1514 (2017), the Supreme Court held that patent venue is controlled exclusively by 28 U.S.C. § 1400(b), which restricts...
View ArticleAdjusting to patent litigation in the Northern District of California
My sense is that non-practicing entities had long ago eliminated the Northern District as a potential venue for patent cases. But if and when there is an influx of cases to the Northern District of...
View ArticleLex Machina Q3 litigation update shows effects of TC Heartland, Oil States on...
Although patent litigation levels through the first nine months of 2017 have largely remained consistent with patterns from recent years, it does appear that the number of patent suits filed in U.S....
View ArticleImportance of Motions to Stay in Modern Patent Litigation
The TC Heartland decision follows the trend of eroding patent holder rights due to the potential for infringers to more easily move the lawsuit to a more favorable forum and in some cases have the...
View ArticleTC Heartland Update: Decision Changed the Law on Venue
The U.S. Court of Appeals for the Federal Circuit recently issued its decision in In re Micron Tech., Inc., Case No. 2017-138 (Fed. Cir. Nov. 15, 2017), and resolved a question that had divided...
View ArticleVenue Options for Patent Owners After TC Heartland and In re Cray
With venue for patent infringement actions under § 1400(b) narrowed after TC Heartland and In re Cray, patent owners could use declaratory judgment (DJ) actions to secure their desired venue because...
View Article2017 Saw Fewest Patent Lawsuits Filed Since 2011
Q4 2017 saw a total of 981 patent infringement cases filed in district courts, the second-lowest total for any quarter in 2017 and the third-lowest total for any quarter dating to the third quarter of...
View ArticleWhat TC Heartland v. Kraft Food Group Brands Means for Patent Infringement Suits
Under the Federal Rules of Civil Procedure, a party waives its right to assert a defense of improper venue when it fails to raise the defense in a pleading or with other Rule 12 motions. Importantly,...
View ArticleWhat Changes Result from the Supreme Court Decision in TC Heartland?
Unfortunately, the answer may be not as much as many expected. Right after the decision there were 350 motions to transfer or dismiss in the EDTX. But the limitations imposed by TC Heartland have been...
View ArticleSenate Republicans discuss patent reform in private briefing with infringer...
The Senate Republican High-Tech Task Force convened in order to hear from patent experts on the impact of the U.S. Supreme Court's ruling in TC Heartland, the IPR process and patent eligibility, and to...
View ArticleDenying TC Heartland Changed the Law on Venue Ignores Reality
On May 22, 2017, in TC Heartland LLC v. Kraft Foods Group Brands, LLC, 137 S.Ct. 1514 (2017), the Supreme Court held that patent venue is controlled exclusively by 28 U.S.C. § 1400(b), which restricts...
View ArticleAdjusting to patent litigation in the Northern District of California
My sense is that non-practicing entities had long ago eliminated the Northern District as a potential venue for patent cases. But if and when there is an influx of cases to the Northern District of...
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