News & Analysis as of

Patents Venue

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

Fish & Richardson

Five Tactics for Cybersecurity Companies to Defeat Patent Infringement Claims

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Navigating patent infringement claims requires a deep understanding of both the legal landscape and the specifics of the technology at stake, especially in the fast-evolving cybersecurity sector. Creative litigation...more

McDermott Will & Emery

Patent Venue: VENUE Act Would Expand Scope of Venue

As part of proposed legislation intended to address several procedural issues related to judicial proceedings, a recent section titled the Venue Equity and Non-Uniformity Elimination Act of 2024 (VENUE Act) seeks to expand...more

Kilpatrick

4 Key Takeaways | Updates in Standard Essential Patent Licensing and Litigation

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Kilpatrick’s Alton Absher and Andie Anderson recently presented “Updates in Standard Essential Patent Licensing and Litigation” at the firm’s annual 2024 Advanced Patent Law Seminar. This full-day seminar featured discussions...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

PTAB Spotlight Series with Daniel Block

In our PTAB Spotlight Series, attorneys will share their valuable insights on PTAB practice today, the challenges and opportunities clients face, and the trends practitioners should follow....more

WilmerHale

Managing ANDA Venue Issues As Del. And NJ Filings Rise

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In 2023, pharmaceutical patent owners filed nearly 250 infringement complaints against generic drug manufacturers. More than 90% of those cases were filed in the Districts of Delaware or New Jersey. This year's filings...more

Venable LLP

Event in Review: Forecasting Patent Litigation Trends in 2023

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In a recent webinar sponsored by ChIPs, Venable associate Kaitlyn Rodnick moderated a panel that included Venable partners Megan Woodworth and Sarah Brooks, as well as Amanda Dittmar, in-house counsel at VIAVI Solutions....more

White & Case LLP

Patent venue changes look set to accelerate in 2023

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Since 2020, the two most popular venues for patent litigation in the United States have been the Western District of Texas (averaging roughly 900 cases per year from 2020-2022) and the District of Delaware (averaging roughly...more

Fish & Richardson

Texas Patent Litigation Monthly Wrap-Up: December 2022

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The update for December 2022 summarizes three patent decisions that issued from the Western District of Texas. These three decisions all evaluated challenges to venue in patent suits. In the end, the court transferred two of...more

Snell & Wilmer

Federal Circuit Holds Patent Venue Decision Based on Remote Workers Did Not Warrant Mandamus Relief

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The Federal Circuit recently denied a mandamus petition seeking relief from a district court order denying a motion to dismiss a patent case for improper venue under 28 U.S.C. § 1400(b). Bel Power Solutions, Inc. sued...more

Fish & Richardson

Texas Patent Litigation Monthly Wrap-Up: September 2022

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This post reviews three recent Texas district court opinions regarding venue under 28 U.S.C. § 1400 et seq....more

Knobbe Martens

Federal Circuit Denies Mandamus Regarding Venue Dispute With Remote Workers

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IN RE: MONOLITHIC POWER SYSTEMS, INC. - Before Lourie, Chen, and Stark. Per Curiam, Lourie Dissenting. On Petition for Writ of Mandamus from the United States District Court for the Western District of Texas....more

Smith Anderson

White Paper | North Carolina’s Local Patent Rules Help Make Its Courts Favorable Venues for Patent Litigation

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Patent cases are complex and often challenging undertakings because they frequently involve innovative technology, unique litigation procedures and unusual legal issues. Additionally, because patents are depreciating assets,...more

Patterson Belknap Webb & Tyler LLP

Judge Failla Transfers Case to Delaware Based on “When the Case Was Filed”

On July 20, 2022, Magistrate Judge Failla (S.D.N.Y.) found venue to be improper and transferred the TrackThings LLC v. Netgear, Inc. case to the United States District Court for the District of Delaware based on facts as they...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

McDermott Will & Emery

Oh Snap: Sufficient Reasoning Must Support Declaratory Judgment Dismissal

The US Court of Appeals for the Federal Circuit vacated and remanded the dismissal of a declaratory judgment action because the district court failed to sufficiently support its decision. Mitek Systems, Inc. v. United...more

Dunlap Bennett & Ludwig PLLC

“Interim Control” – Federal Circuit Further Narrows the Scope of Patent Venue

The Federal Circuit has further narrowed the scope of patent venue statute in In re Volkswagen Group of America, Inc., holding that the requisite control a defendant must exercise over an in-district agent to establish patent...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - May 2022 #3

Mitek Systems, Inc. v. United Services Automobile Association, Appeal No. 2021-1989 (Fed. Cir. May 20, 2022) - Our Case of the Week this week is a declaratory judgment action brought against USAA. In a 27-page opinion,...more

Fish & Richardson

Texas Patent Litigation Monthly Wrap-Up - April 2022

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This post summarizes two recent Texas District Court opinions regarding venue under 28 U.S.C. § 1400 et seq. Zilker Cloud Technologies, LLC v. RingCentral, Inc., No. 3:21-CV-2807 (NDTX Apr. 12, 2022) (Karen Gren...more

BakerHostetler

Patent Litigation Venue: US District Court Versus US International Trade Commission

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There are two options when it comes to enforcing a patent against an accused infringer: (1) a U.S. district court or (2) the U.S. International Trade Commission (ITC). This begs the inevitable question of which venue is...more

Locke Lord LLP

The Federal Circuit Clarifies the Law of ‎Proper Venue in Patent ‎Cases Involving the Presence of a ‎Purported Agent in a Given...

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The Court of Appeals for the Federal Circuit has recently clarified the law concerning whether patent ‎venue is proper under agency law, specifically in the context of whether the presence of a franchisee ‎in a given fora is...more

WilmerHale

Federal Circuit Patent Watch - March 2022 #3

WilmerHale on

Precedential Federal Circuit Opinions - BASF PLANT SCIENCE, LP. v. COMMONWEALTH SCIENTIFIC[OPINION]  (2020-1415, 2020-1416, 2020-1919, 2020-1920, 3/15/2022) (NEWMAN, TARANTO, and CHEN) - Taranto, J.  The Court...more

American Conference Institute (ACI)

[Event] 17th Annual Paragraph IV Disputes Conference - April 26th - 27th, New York City, NY

Premier forum which shapes the law, policy, and proceedings of Paragraph IV Litigation is back to New York City on April 26-27! Pharmaceutical patent practitioners from across the globe attend this flagship conference to...more

McDermott Will & Emery

Patent Venue Statute Doesn’t Apply to Third-Party Counterclaim Defendant; Acts in Furtherance of Partnership May Be Imputed to...

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The US Court of Appeals for the Federal Circuit affirmed a district court’s determination of proper venue, finding that the patent venue statute, 28 U.S.C. § 1400(b), does not apply to a third-party counterclaim defendant and...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - March 2022 #3

BASF Plant Sci., LP v. Commonw. Scientific and Indus. Research Org., Appeal Nos. 2020-1415, -1416, -1919, -1920 (Fed. Cir. Mar. 15, 2022) - Our Case of the Week, an appeal from the U.S. District Court for the Eastern...more

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