Posts Tagged: TC Heartland


What 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 …
By Jennifer Tempesta
1 month ago 3

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
2 months ago 17

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 …
By Ken Stanwood & Dennis Duchene
2 months ago 2

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, …
By Jamie McDole & Michael Karson
2 months ago 0

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
2 months ago 20

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
3 months 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
3 months 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
3 months 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
3 months 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
3 months 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
4 months ago 7

SCOTUS takes on Venue: A full summary of oral arguments in TC Heartland v. Kraft Food Group

On Monday, March 27th, the U.S. Supreme Court heard oral arguments in TC Heartland LLC v. Kraft Food Group Brands LLC. The case, arising from allegations …
By Steve Brachmann
5 months ago 0

Whirlpool files Supreme Court Amicus Supporting Kraft Foods in TC Heartland case

If the Supreme Court were to reverse the Federal Circuit and revert back to Fourco Glass, that would make it difficult for patent owners, including Whirlpool and …
By Gene Quinn
5 months ago 6

Hatch says patent venue reform likely regardless of SCOTUS decision in TC Heartland

With respect to the thorny issue of patent litigation, Senator Hatch explained that there is a very real chance that venue reform will happen this year... HATCH: "…
By Gene Quinn
6 months ago 12