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

/ 0 Comments

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...

Read More
separator

Eisenstein Presents Webinar on Management of State Tax Audits

/ 0 Comments

On October 3, 2017, Managing Partner Martin Eisenstein participated as a presenter in a Strafford Publishing webinar on “Sampling and Audit Management.” He discussed best practices in managing sales and use tax audits, and gave examples of typical problems taxpayers encounter when they do not follow best practices. Eisenstein provided specific practice pointers for tax...

Read More
separator

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

/ 0 Comments

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...

Read More
separator

Indiana “Economic Presence” Nexus Law Suspended Pending Litigation

/ 0 Comments

On August 28, 2017, the Indiana Department of Revenue acknowledged that it has no authority to enforce Indiana’s new “economic presence” nexus statute (House Enrolled Act 1129) as a result of ongoing litigation regarding the law’s constitutionality now pending in state Superior Court in Indianapolis.  Under the new law, which took effect on July 1,...

Read More
separator

Oil States Versus The Administrative State

/ 0 Comments

The Supreme Court has now heard from the petitioner in Oil States Energy Services, LLC v. Greene’s Energy Group, LLC. At issue is not only the fate of inter partes review of patents by the Patent Trial and Appeal Board, but possibly the ability of administrative agencies to review and retract their own erroneous decisions....

Read More
separator

Law Court Affirms B&I Trial Court Victory

/ 0 Comments

Peter Brann and Michael Carey prevailed today in the Law Court, Maine’s highest court, on an appeal concerning a class action lawsuit challenging a probate judge’s scheduling decisions on constitutional grounds. Brann and Carey took over the defense just prior to trial and won despite findings by the trial judge that the probate judge knew...

Read More
separator

George Isaacson Testifies Before House Judiciary Committee

/ 0 Comments

On July 25, 2017, Senior Partner George Isaacson gave testimony to the Subcommittee on Regulatory Reform, Commercial and Antitrust Law of the House Judiciary Committee in Washington, DC. His subject was state regulatory overreach and its negative impact on American business and consumers. In his testimony, available here, Isaacson addressed the increasing problem of extra–territorial...

Read More
separator

Texas Welcomes TC Heartland

/ 0 Comments

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...

Read More
separator

ACMA and NetChoice File Suit Challenging Wyoming and Indiana Anti-Quill Laws

/ 0 Comments

Last week, on behalf of the American Catalog Mailers Association and NetChoice, Brann & Isaacson initiated lawsuits in state court in Wyoming and Indiana, challenging the constitutionality of each state’s “economic nexus” statute, due to take effect July 1, 2017.  On Wednesday, June 28, the associations filed suit in Circuit Court in Laramie County, Wyoming...

Read More
separator

ACMA and NetChoice Prevail In Challenge To Massachusetts Tax Rule For Internet Sellers

/ 0 Comments

On June 28, 2017, in response to a lawsuit filed by Brann & Isaacson on behalf of the American Catalog Mailers Association and NetChoice, the Massachusetts Superior Court entered an immediate judgment halting implementation of Massachusetts Department of Revenue Directive 17–1, “Requirement that Out-of-State Internet Vendors with Significant Massachusetts Sales Must Collect Sales or Use...

Read More
separator