Omnipresent threats of patent reform, a Supreme Court that has created unprecedented uncertainty surrounding what is patent eligible, a Federal Circuit that uses Rule 36 to summarily affirm more than 50% of its docket, and a Patent Trial and Appeal Board that has been openly hostile to rights holders have all changed the face of patent litigation in America.
Recently, however, the Supreme Court decided TC Heartland v. Kraft Foods, which many thought would significantly impact patent venue in district courts around the country. Surprisingly, there has been no cataclysmic shift. The Federal Circuit has weighed in recently overturning a venue decision from the Eastern District of Texas, but will that really matter?
Frustrated with a PTAB that most patent owners view as one-sided in favor of invalidation, Allergan has taken the extraordinary step of transferring its patents to the Saint Regis Mohawk tribe and taken an exclusive license back. The Tribe has now filed motions to dismiss in all pending inter partes proceedings citing sovereign immunity. More deals are in the works waiting to be announced.
From patent venue decisions in district courts that seem to be inconsistent with TC Heartland, to Indian Tribes acquiring patents and asserting sovereign immunity, the patent enforcement and defense landscape has changed dramatically over the past few months. Amidst these changing times, please join Gene Quinn for a free webinar webinar discussion – Hot Topics in Patent Litigation – on Thursday, October 12, 2017, at 12pm ET. Gene will be joined by former ITC Commissioner F. Scott Kieff and Keith Grady, Chair of IP and Technology Litigation at Polsinelli.
In addition to taking as many questions as possible from the audience we will discuss:
- District Court interpretation of TC Heartland on patent venue;
- Indian Tribes asserting Sovereign Immunity to Escape the PTAB;
- The impact Aqua Products will have regarding amending claims in IPR;
- The future and relevance of the International Trade Commission.