How patent case venue rules could change in TC Heartland
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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