TC Heartland Venue Argument Was Not “Available” Before TC Heartland Opinion Issued

In this week’s episode of Patent Venue, when is a change in the law a change in the law? On May 22, 2017, the Supreme Court issued its opinion in TC Heartland, reversing the Federal Circuit and reaffirming that a corporate defendant can only be sued for patent infringement either in its state of residence...

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

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...

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...

TC Heartland: A View from the (Supreme) Courtroom

Having led the team that filed an amicus curiae brief for 48 Internet companies, retailers, and associations in support of TC Heartland, Peter Brann attended the oral argument in TC Heartland v. Kraft at the Supreme Court yesterday. Though not a disinterested observer, he offers these thoughts on what he saw: Although the venue question presented...

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...

Supreme Court May Take Its Chance To End Forum Shopping

Before closing up shop for the holidays, the Supreme Court issued a short order which, among other things, granted the cert. petition filed in TC Heartland LLC v. Kraft Foods Group Brands, LLC. By taking this case, the Court has given hope to those of us concerned about forum shopping, and the over–concentration of patent...

32 Internet Companies, Retailers, and Associations File Supreme Court Amicus Brief on Patent Venue

Perhaps only in the sphere of patent litigation can the issue of venue—in what court a case can be filed—take on mammoth significance, and draw the attention of interested observers. Why does venue matter? Well, under the current relaxed regime, over 40% of all patent cases in 2015 were filed in the Eastern District of...