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Patent Litigation Forum Shopping

Womble Bond Dickinson

Fifth Circuit Clarifies Standard for Venue Transfer: What it Means for Texas Patent Litigants

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Since the early 2000s, Texas district courts have been battling to maintain their status as the premier venue for filing patent lawsuits. At one point, 43% of all patent infringement cases in the United States were filed in...more

Wolf, Greenfield & Sacks, P.C.

[Webinar] Mid-Year Litigation and PTAB Review - June 26th, 9:00 pm - 10:00 pm ET

Join Wolf Greenfield for a mid-year review of litigation and PTAB trends at 12:00pm ET or 9:00pm ET. This webinar will cover: 2024/2025 patent litigation trends: ITC domestic industry, double patenting, forum shopping,...more

Wolf, Greenfield & Sacks, P.C.

[Webinar] Mid-Year Litigation and PTAB Review - June 26th, 12:00 pm - 1:00 pm ET

Join Wolf Greenfield for a mid-year review of litigation and PTAB trends at 12:00pm ET or 9:00pm ET. This webinar will cover: 2024/2025 patent litigation trends: ITC domestic industry, double patenting, forum shopping,...more

Troutman Pepper

Building on Successful Judicial Assignment Reform in Texas

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More than 16 months ago, the two ranking members of the Senate Judiciary Committee asked Chief Justice John Roberts to direct the Judicial Conference of the United States to study forum shopping in patent litigation,...more

Knobbe Martens

Motive Matters – Forum Shopping Can Lead To Attorneys’ Fees

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Summary: Courts may use their inherent equitable powers to award attorneys’ fees for bad faith conduct....more

Hudnell Law Group

If patent owners can’t mess with the Western District of Texas, then what next?

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On July 25, 2022, Chief Judge Orlando Garcia of the Western District of Texas effectively stripped the Waco Division of its dominance in patent cases by randomizing the judge assignment of patent cases filed in that division....more

McDonnell Boehnen Hulbert & Berghoff LLP

Realtime Adaptive Streaming LLC v. Netflix, Inc. (Fed. Cir. 2022)

Bad law often gives rise to creative legal arguments.  But the application of such creative lawyering is necessarily bounded by ethical rules and notions of fair dealing.  Patent eligibility, in its current incarnation, has...more

Procopio, Cory, Hargreaves & Savitch LLP

Is Receipt of a Complaint Sufficient Notice For Claims of Indirect or Willful Infringement?

Forum shopping among patent owners pursuing claims for patent infringement is widespread. One factor a plaintiff may consider in selecting a forum arises out of a split among district courts that the Federal Circuit has yet...more

Akin Gump Strauss Hauer & Feld LLP

Federal Circuit: Transfer Appropriate Even When Most Evidence Located Abroad When Original Forum Has No Direct Connection to the...

The Federal Circuit granted a writ of mandamus to transfer a patent infringement case from the Eastern District of Texas to the Northern District of California because the latter had some local interest in the case, while the...more

Akin Gump Strauss Hauer & Feld LLP

Despite TC Heartland, Forum Selection Clause Controls Venue in Patent Dispute

A district court has ruled that the exclusive statute for determining venue in patent cases, 28 U.S.C. § 1400(b), did not override the parties prior agreement on where suit could be brought. The court also ruled that transfer...more

Mintz - Intellectual Property Viewpoints

Judge Albright to Apple: Yes, You Can Be Sued Outside Northern California

Judge Albright of the Western District of Texas (“WDTX”) recently rejected yet another attempt by Apple to transfer a patent case to the Northern District of California (“NDCA”). Judge Albright’s June 19, 2020 order describes...more

Mintz - Intellectual Property Viewpoints

Better Early Than Never: PTAB Confirms Willingness to Deny Institution In Light of Advanced State of Parallel Litigation

The Patent Trial and Appeal Board (“PTAB”) recently sent a warning to alleged infringers not to wait for the one year deadline to file IPR petitions, or risk discretionary denial. On May 13, 2020, the PTAB exercised its...more

International Lawyers Network

Patent Troll Suits Down, Not Out in 2018

Over the past half-decade, Congress and the courts have made aggressive efforts to curb the worst abuses of the patent system. In 2013, Congress passed the America Invents Act (AIA), which established the Patent Trial and...more

Wilson Sonsini Goodrich & Rosati

Federal Court for the Western District of Texas Projected to Have About a 100 Percent Increase in Patent Complaints Filed in 2019

This year the District Court for the Western District of Texas is on track to experience almost a 100 percent increase in patent complaints filed compared to 2018. This significant increase is expected to continue into the...more

Dorsey & Whitney LLP

TC Heartland’s One Year Anniversary: Changes in Patent Venue

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It’s been one year since the TC Heartland decision was issued by the Supreme Court, and it’s had a big impact on patent litigation. See TC Heartland LLC v. Kraft Food Brands LLC, 137 S. Ct. 1514, 1521 (May 22, 2017)....more

Polsinelli

Federal Circuit Continues to Develop Patent Venue Law with Recent Trio of Decisions

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The Federal Circuit issued a trio of decisions this month further clarifying the application of the patent venue statute in the post-TC Heartland era. ...more

Mintz - Intellectual Property Viewpoints

Federal Circuit clarifies that patent venue is proper only in a single judicial district within a multi-district state

In our continuing coverage of the post-TC Heartland landscape, the Federal Circuit recently clarified that venue is proper in only one district per state in In re BigCommerce, Inc., 2018-122 (Fed. Cir. May 15, 2018) (slip...more

Foley & Lardner LLP

Federal Circuit Clarifies Venue Rule for Foreign Defendants Post-TC Heartland

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The Federal Circuit today in In re HTC Corp., Misc. 2018-130 (May 5, 2018), followed the holding of the Supreme Court in Brunette Machine Works, Ltd. v. Kockum Industries, Inc., 406 U.S. 706 (1972), that venue is proper as to...more

Smart & Biggar

Top 5 reasons to consider patent litigation in Canada now

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Canada has historically been a much less active jurisdiction for patent litigation compared to the United States, which can be explained in part by the simple fact that the United States’ market is almost 10 times the size of...more

Shook, Hardy & Bacon L.L.P.

Patent Venue: The State Of The Law A Year After The Dramatic Changes Introduced By TC Heartland

For decades, it was well-established that defendants in patent cases could be sued almost anywhere they were subject to the court’s personal jurisdiction. ...more

Jones Day

Key Patent Decisions of 2017

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In another noteworthy year for patent law, the U.S. Supreme Court and Federal Circuit issued a number of decisions that altered the patent landscape, including four Supreme Court decisions. The topics of the key cases...more

Mintz - Intellectual Property Viewpoints

Defendants Waived Venue Challenge After Waiting Four Months After TC Heartland Decision to Move

In a recent development from the Eastern District of Texas, Magistrate Judge Roy S. Payne concluded that defendants Globalfoundries, Qualcomm, and Samsung waited too long prior to moving to dismiss or transfer the case due to...more

Fish & Richardson

EDTX & NDTX Monthly Wrap-Up – November 2017

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This post summarizes some of the significant developments in the Eastern District of Texas and the Northern District of Texas for the month of November 2017. This post will focus on how the Eastern District of Texas continues...more

Goulston & Storrs PC

Supreme Court Removes Patent Litigation from the Heartland of Texas

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For years, patent assertion entities have filed patent lawsuits against retailers in federal court in Texas. The Supreme Court’s recent decision in TC Heartland LLC v. Kraft Foods Group Brands LLC may give retailers the...more

Morgan Lewis

Federal Circuit Holds TC Heartland Is an Intervening Change in the Law

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The court offers clarification on a patent litigation venue issue that has caused “widespread disagreement” nationwide....more

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