Texas Welcomes TC Heartland

What does the Supreme Court opinion in TC Heartland mean for the business of patent litigation in Texas—particularly the Eastern District of Texas? On first read, TC Heartland seemed to herald the end of the kind of forum–shopping that enabled the Eastern District of Texas to land 40% of all newly filed patent cases. The...

Supreme Court Sharply Limits Patent Forum–Shopping In TC Heartland

Today, May 22, 2017, the Supreme Court struck a powerful blow against forum–shopping in patent litigation and the related patent troll plague. In a concise opinion by Justice Thomas in TC Heartland v. Kraft Foods Group Brands, a unanimous Supreme Court held that a domestic corporation “resides” only in its State of incorporation for purpose...

Wall Street Journal Quotes Peter Brann On Impact Of Major Supreme Court Patent Case

In a March 23, 2017, article, the Wall Street Journal quotes Partner Peter Brann on the potential impact of the Supreme Court’s decision in a major patent case, TC Heartland v. Kraft Foods Group Brands. The case, which is scheduled for oral argument on Monday, March 27, 2017, has the potential to put a stop...

Big Week For IP In The Supreme Court

While the political world roils, the Supreme Court issued two major IP law decisions this week. In SCA Hygiene Products v. First Quality Baby Products, the Court, in an opinion by Justice Alito, held that the equitable doctrine of laches could not be asserted as a defense in patent cases. Laches is an old doctrine...

Eastern District of Texas Stands Alone As Venue For Patent Lawsuits

It is no secret that patent litigation has been concentrated in less than a handful of the 90–plus federal judicial districts in the United States for a number of years. In 2012—after the America Invents Act put in place the current rule that a plaintiff cannot sue unrelated defendants for infringing the same patent in...

Justice for Sale? Forum Selling In Patent Litigation

A hat tip to Written Description for nicely summarizing two recent articles on “forum selling” i.e., courts consciously encouraging litigants to file cases in their district. “Forum selling” is the counterpart to “forum shopping,” the practice of plaintiffs filing suit in jurisdictions they deem more favorable to their claims. Of particular interest is the commentary...