Posts Tagged: TC Heartland


Federal Circuit Finds TC Heartland Changed Controlling Law, Can Be Applied Retroactively

Arguing against Micron’s motion to dismiss, Harvard contended that TC Heartland only affirmed a previous precedent set by SCOTUS and that the improper venue challenge was …
By Steve Brachmann
21 days ago 3

Importance 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 …
By David Newman
1 month ago 0

Lex Machina Q3 litigation update shows effects of TC Heartland, Oil States on patent case filings

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 …
By Steve Brachmann
2 months ago 1

Denying 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.…
By Keith Grady & Karen Morris
2 months ago 3

Senate Republicans discuss patent reform in private briefing with infringer lobby

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, …
By Gene Quinn
2 months ago 8

Employees working from home do not establish place of business for venue under TC Heartland

In re Cray, Inc., the Federal Circuit applied the recent Supreme Court’s TC Heartland decision to grant a writ of mandamus, directing the Eastern District of …

Judge Paul Michel presents supplemental testimony on PTAB reforms to the House IP subcommittee

To fix the current incarnation of the U.S. patent system and reinvigorate the American economy, Judge Michel called upon the House IP subcommittee to adopt seven …
By Steve Brachmann
3 months ago 19

What 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 …
By Robert Stoll
3 months ago 2

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
5 months 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
6 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
6 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
6 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
6 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
6 months ago 1