Waiting for Heartland: Venue Tactics Until the U.S. Supreme Court Decision

Intellectual Property Owners Association (IPO)

02/01/2017 02:00 p.m. - 03:00 p.m. EST

Intellectual Property Litigation, Patent Litigation, Patent Counseling + Prosecution, and Interferences

Colette Reiner Mayer

Colette Reiner Mayer

Webinar

This program will consider likely and suggested moves for plaintiffs and defendants over the next months while litigants wait for the U.S. Supreme Court decision in TC Heartland. If the justices decide to overturn the Federal Circuit’s liberal stance toward venue, it could well reshape patent litigation, curtailing the number of cases that can be filed in the Eastern District of Texas, the leading beneficiary of forum-shopping. Last year, EDTX received more case filings than the next four U.S. court districts combined, and that number is likely to fall if venue is restricted to where the defendant is incorporated or has a place of business.

Jeffrey Bragalone of Bragalone Conroy PC, Colette Reiner Mayer of Morrison & Foerster LLP, and Michael Smith of Siebman, Burg, Phillips & Smith LLP will consider likely and suggested moves for plaintiffs and defendants over the next months while litigants wait for the U.S. Supreme Court decision in TC Heartland.  Among the issues to be considered by the panel will be:

  • Will there be a surge of complaints filed in Eastern District of Texas (EDTX) before June?
  • What new plaintiff strategies might emerge in EDTX or elsewhere, such as an uptick in cases against customers or distributors?
  • Will this lead to more use of MDL in patent cases?
  • The definition of "a place of business" has not mattered for decades, but it could in the future. Is a sales representative enough to establish venue?
  • Do you need an inventory of products?
  • What will happen to cases pending in EDTX if the Supreme Court changes the law?
  • Will it matter at what stage the litigation is pending?
  • What will be the retroactive time window for appealing an EDTX decision or judgment if the law changes?

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