Posts Tagged: venue


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

Adjusting 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 …
By Ravi Ranganath
2 months ago 0

FREE Webinar: Hot Topics in Patent Litigation

A multitude of changes to patent law and practice have altered the face of patent litigation in America. From patent venue decisions in district courts that seem …
By Gene Quinn
2 months ago 0

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 …

Federal Circuit strikes down Gilstrap’s four-factor test for patent venue

After briefly parsing the statutory language of §1400(b) critical to the decision the Federal Circuit concluded that Judge Gilstrap's four-factor test was not compliant with the statutory …
By Gene Quinn
3 months ago 28

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

Raytheon, Nokia, Ericsson ask Federal Circuit to deny Cray mandamus on denied motion to transfer venue

Raytheon, Nokia and Ericsson all filed briefs with the Federal Circuit encouraging the court to decline the Cray mandamus on a motion to transfer from EDTX... Cray …
By Steve Brachmann
4 months ago 1

Lex Machina’s Q2 litigation update shows trends influenced by TC Heartland and Oil States

During the second quarter of 2017, a total of 1,138 patent cases were filed at the U.S. district court level, an increase of 18 percent when compared to first …
By Steve Brachmann
5 months ago 2

ABOTA defends Judge Gilstrap in response to political pressure from Darrell Issa

Issa decried Judge Gilstrap’s “overreach” in denying a motion to transfer venue in a case coming after the U.S. Supreme Court’s decision in TC …
By Steve Brachmann
5 months ago 5

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

Why is Steven Anderson of Culver Franchising testifying on patent reform in front of Congress?

Why is Steven Anderson citing his case as a reason why Congress must create stricter venue rules when he hasn’t even filed a motion to transfer …
By Steve Brachmann
5 months ago 4