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The Commission recently reversed the ALJ’s determination that the economic prong of the domestic industry requirement was satisfied and thereby found that there had been no section 337 violation in Certain Replacement...more
On May 17, 2017, the International Trade Commission (ITC) reversed an ALJ’s ruling and found a violation of Section 337 in Certain Air Mattress Systems, Components Thereof and Methods of using the Same (“Certain Air Mattress...more
On Monday, May 22, the Supreme Court reached a unanimous decision in TC Heartland LLC v. Kraft Foods Group Brands LLC, overruling the Federal Circuit’s interpretation of the patent venue statute, 28 U.S.C. § 1400(b), and...more
The Supreme Court on Monday substantially narrowed the district court venues available to patent owners seeking to sue for infringement. In TC Heartland LLC v. Kraft Foods Group Brands LLC, 581 U.S. ___ (2017), the Supreme...more
Analysis of the 2 Prongs of the Patent Venue Statute for Domestic Corporations after the May 22, 2017 TC Heartland U.S. Supreme Court Decision. First Prong of 28 USC 1400(b) – “[a]ny civil action for patent infringement...more
On May 22, 2017, in a highly-anticipated decision that could dramatically alter the landscape of patent litigation, the United States Supreme Court held that the “resides” prong of the patent venue statute, 28 U.S.C....more
On May 22, 2017, the US Supreme Court unanimously rejected prior case law allowing patent holders to rely on the general venue statute, 28 U.S.C. § 1391(c), to file suit where a domestic defendant makes sales. TC Heartland,...more
Yesterday, the U.S. Supreme Court re-defined the scope of venue in patent cases in TC Heartland LLC v. Kraft Foods Group Brands LLC, 581 U.S. ___ (2017). Under the Supreme Court’s ruling, venue in patent cases will now be...more
The U.S. Supreme Court just shook up the patent world with its decision in TC Heartland LLC v. Kraft Foods Group Brands LLC. For nearly 30 years, companies accused of patent infringement could be sued in nearly any place they...more
On May 22, the U.S. Supreme Court issued an important and long-awaited Opinion in TC Heartland LLC v. Kraft Foods Group Brands LLC, a case that centered on where a patent infringement suit can be filed. In a resounding 8-0...more
For decades, accused infringers have been hailed into venues across the country where they have little or no presence. The rationale applied for justifying venue in such cases has been that the term “resides” as used in the...more
On May 22, the United States Supreme Court handed down an important unanimous decision regarding venue in patent cases, reversing a nearly 30-year-old Federal Circuit precedent and limiting "residence" for domestic...more