Posts Tagged: TC Heartland v. Kraft Foods


Issa 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 …
By Paul Morinville
16 hours ago 15

TC 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 …

Diverging 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 …
By Damian R LaPlaca
7 days ago 0

MDL 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, …

Supreme Court Decision Deals Blow to ‘Patent Trolls’ and the ‘Best Little’ East Texas Towns That Thrive on Patent Litigation

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 …
By Ron Abrams
18 days ago 10

Is TC Heartland All Good News for Patent Litigation Defendants?

Joint-defense groups lower costs and increase efficiencies for all defendants in the groups. Certain prominent patent litigation boutiques and Big Law departments have skillfully made a business …
By Zachary Silbersher
22 days ago 2

Is the Supreme Court’s venue decision in TC Heartland anti-patent?

The TC Heartland decision strikes me as more anti-business than it is anti-patent. In the wake of the Supreme Court’s decision all patent owners will now …
By Gene Quinn
23 days ago 18

TC Heartland: An Alternate Opinion – Not As Bad As It Seems

We believe that the fallout from the Court’s ruling last week will be less dire for patent owners than most commentators predict. The conventional wisdom is …

BMW, Volvo, Juniper Networks among first to cite TC Heartland in motions to dismiss

On Tuesday, May 30th, online legal news outlet Law360 reported that a trio of major automakers filed a motion asking a federal judge in the U.S. …
By Steve Brachmann
27 days ago 1

How will district courts handle the influx of motions after SCOTUS TC Heartland ruling?

“What we do know is that motion practice will heat up and courts must determine how they want to handle the influx of motions to dismiss and …
By Amanda G. Ciccatelli
28 days ago 2

With a Supreme Court hostile to inventors, venture capital and many startups moving to China

Due to the death of the patent troll narrative, venue reform would never have made it through Congress, but the infringer lobby doesn’t need Congress when …
By Paul Morinville
28 days ago 21

Industry reaction to SCOTUS patent venue decision in TC Heartland v. Kraft Food Group

What follows is reaction from a distinguished panel of industry insiders who have been following this case. Each have offered their own instant analysis, several pointing out …
By Gene Quinn
1 month ago 23

SCOTUS reverses Federal Circuit in TC Heartland, Patent Venue in State of Incorporation

The Supreme Court reversed the Federal Circuit and ruled that 28 U.S.C. 1400(b) remains the only applicable patent venue statute, that 28 U.S.C. 1391(c) did …
By Gene Quinn
1 month ago 26

Regardless of Changes to Patent Venue, Trolls will still be Trolls

Because patent trolls prefer filing in the Eastern District of Texas, the thinking goes that it will be a significant blow to patent trolls if the Supreme …
By Gene Quinn
2 months ago 7

Supreme Court hears Oral Arguments in TC Heartland v. Kraft Foods

Justices Kagan and Ginsburg seemed skeptical. Indeed, Congress has already passed a general venue statute that defined residency “for all venue places – all venue purposes,” as Justice …
By Ryan E. Hatch
3 months ago 2