Supreme Court Sharply Limits Patent Forum–Shopping In TC Heartland

/ 0 Comments

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...

Read More
separator

TC Heartland: A View from the (Supreme) Courtroom

/ 0 Comments

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...

Read More
separator

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

/ 0 Comments

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...

Read More
separator

Big Week For IP In The Supreme Court

/ 0 Comments

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...

Read More
separator

Patent News Grab–Bag

/ 0 Comments

Some news of note for this Valentine’s Day week: N.D. Cal. Orders Early Damages Disclosures: The U.S. District Court for the Northern District of California has amended its local patent rules to require the parties to (1) provide the court with a good–faith (non–binding) estimate of the damages range expected for the case at the...

Read More
separator

Patent Trolls Still Can’t Find A Way Through Alice’s Looking Glass

/ 0 Comments

We (and others) have written frequently and at length about the impact of Alice v. CLS Bank on patent litigation—how the test set out in that case has enabled litigants and courts to obtain an early determination of whether a patent claims a viable invention or just an abstract idea. Parties who assert patents in...

Read More
separator

Supreme Court May Take Its Chance To End Forum Shopping

/ 0 Comments

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...

Read More
separator

FTC Issues Long–Awaited Patent Troll Study

/ 0 Comments

The Federal Trade Commission today announced the publication of its formal study of the problem of patent trolls—which the Commission more politely refers to as “patent assertion entities” or “PAEs.” Using its investigative authority, the Commission examined non–public information for 2009–2014 from 22 PAEs, 327 PAE affiliates, and 2,100 holding entities. The FTC divided the...

Read More
separator

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

/ 0 Comments

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...

Read More
separator

Unpatent To Take on Patent Trolls

/ 0 Comments

Newegg and its Chief Legal Officer, Lee Cheng, have been outspoken and uncompromising in opposition to patent trolls. Cheng has now joined forces with two well–known hackers, Luis Cuende and Jorge Izquierdo, on their new venture, Unpatent, with the goal of “fixing the innovation framework,” beginning with patent trolls, which they describe as a “glitch...

Read More
separator