“Place of Business” Means Place of Business, Says Federal Circuit

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Previously, on Patent Venue: May 22, 2017: The Supreme Court issues its opinion in TC Heartland, returning to the rule of law that a corporate defendant can only be sued for patent infringement either in its state of residence or a judicial district in which alleged acts of infringement have occurred and the business has...

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What Happens In East Texas Definitely Doesn’t Stay There

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This week has witnessed once again the oversized impact the Eastern District of Texas has in patent litigation—after all, that district was home to 44.2% of all patent cases filed in 2015 and 35.4% of all patent cases filed in 2016, with Judge Rodney Gilstrap presiding over an astounding one–quarter of all patent cases filed...

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East Texas Judge Orders eDekka To Pay Accused Infringers’ Fees

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In a closely watched case from east Texas, Judge Gilstrap has awarded attorneys’ fees to defendants who successfully moved to dismiss the claims against them because the asserted patent was drawn to patent–ineligible subject matter. As we reported in September, Judge Gilstrap granted a set of motions to dismiss under Alice v. CLS Bank, then...

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Patent Litigation Doing Just Fine, Especially In Texas

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After several years of steady increase in the number of new patent lawsuits filed, 2014 saw a notable decline in the number of new patent suits from 6,082 in 2013 to 5,012 in 2014. Some, such as Gene Quinn of IP Watchdog, saw this 1,000–case decline as evidence that the patent reform enacted in 2011...

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Go Ask Alice, When She’s Ten Feet Tall

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With apologies to Jefferson Airplane, the Supreme Court’s Alice v. CLS Bank opinion has grown dramatically in size and strength since it issued in June. In that time, the Federal Circuit and federal district courts from New York to California have decided twenty–two cases of which we are aware. Of those, eighteen have found the...

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