Posts Tagged: TC Heartland


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 years ago 3

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
2 years 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
2 years 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
2 years ago 3

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 …

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, …

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 years 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
2 years 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
2 years ago 2

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
2 years 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
2 years 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 years 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
3 years ago 0