The biggest impact from last May’s TC Heartland ruling has been the strategic decisions around venue as plaintiffs are going to Delaware with greater frequency. As a result, there’s growing concern over a backlog of cases according to Richard S. J. Hung, co-chair of Morrison & Foerster’s Intellectual Property Litigation Group, in the Bloomberg Law article “The Road More Traveled: Patent Attorneys Head to Delaware.”
“The potential delay in time to trial is certainly part of the discussion” when deciding where to bring a case he said. “Plaintiffs typically want a faster trial.”
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