B&I Lawyers Prevail on Venue Motion for Major Retailer PetSmart

Just because your client is one of the largest multi-channel retailer for pet supplies in America doesn’t mean that it can be sued anywhere for patent infringement. On April 15, 2020, United States Senior District Judge Bruce S. Jenkins granted a motion to dismiss for improper venue filed by Brann & Isaacson client, PetSmart, in...

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...

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 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...