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How patent case venue rules could change in TC Heartland

Natalie Rahhal, New York


Natalie Rahhal speaks to former Federal Circuit Chief Judge Paul Michel and others to assess the potential impact of In re TC Heartland at the US Supreme Court. One outcome could be a sharp fall in filing in the Eastern District of Texas and an increase in a potentially under-resourced District of Delaware

In re TC Heartland is already shaping up to be one of the most important patent cases in the US this year. The Supreme Court on December 14 granted cert in the case, which will give the court an opportunity to revisit the case law and statute governing forum selection in patent infringement suits.

In 2015, 44% of all patent infringement suits in the US were filed in the Eastern District of Texas, according to a  Lex Machina study. While districts where companies in many patent-heavy industries are incorporated – such as Delaware and Northern California – still see plenty of patent infringement suits, many of the US’s 94 districts see comparatively few. Professors of patent law, internet companies and a retired Federal Circuit Chief Judge filed amicus briefs urging the Supreme Court to take TC Heartland.

The Federal Trade Commission's long awaited patent assertion entity (PAE) study, released...


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RT @EU_IPO: How many EUTM and RCD applications were filed in 2016? From which country did most applications come from? Find out: https://t.…

Jan 23 2017 11:14 ·  reply ·  retweet ·  favourite
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RT @HoganLovellsIP: #beps - #Germany on the way to limit the #tax deductibility of #royalties https://t.co/ym2cbZc5N3

Jan 23 2017 10:32 ·  reply ·  retweet ·  favourite
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Interesting article by former EPO Board of Appeal chair https://t.co/NLtbyK6xei

Jan 23 2017 10:32 ·  reply ·  retweet ·  favourite
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