In In re Apple Inc.,[1] the Court of Appeals for the Federal Circuit granted Apple’s petition for writ of mandamus ordering the judge presiding over its district court patent infringement case, Alan D. Albright, in the Western District of Texas, rule on its motion to transfer venue before disposition of any discovery on the merits. This …
Category: venue
Limitations on State Sovereign Immunity on Venue
The issue of sovereign immunity has been raised several times in recent memory at the Court of Appeals for the Federal Circuit, including St. Regis Mohawk Tribe v. Mylan Pharms., Inc.,[1] (discussed on the blog here), and Regents of the Univ. of Minn. v. LSI Corp.,[2] (discussed here). Board of Regents of the Univ. of …
Fed Circuit Watch: District Courts Still Have Problems with Cray Rule
On February 5, 2019, the Court of Appeals for the Federal Circuit denied a petition for writ of mandamus, with a combined petition for rehearing and/or rehearing en banc, in In re Google LLC, the writ of mandate review stems from a patent infringement suit filed by SEVEN Networks, LLC, a mobile data analytics company, …
Fed Circuit Watch: Post-TC Heartland Gaps Filled
Although the U.S. Supreme Court rendered its decision in T.C. Heartland, LLC v. Kraft Foods Group Brand LLC more than one year ago, which this blog discussed, the contours of its holding are still being worked out. In T.C. Heartland, the Supreme Court held that the patent venue statute, 28 U.S.C. §1400(b), limits patent litigants …
Patent Venue Post-TC Heartland Begins to Take Shape
Back in May 2017, the U.S. Supreme Court ruled in T.C. Heartland, LLC v. Kraft Foods Group Brands LLC,[1] that patent venue selection was limited to the defendant’s state of incorporation or principal place of business, as defined by the patent venue statute, 35 U.S.C. §1400(b). The practical effect sharply curtailed the Eastern District of …
SCOTUS Watch: TC Heartland LLC v. Kraft Foods Group Brands LLC
By Brent T. Yonehara On May 22, 2017, the U.S. Supreme Court handed down an important ruling, TC Heartland LLC v. Kraft Foods Group Brands LLC, 581 U.S.___ (2017), in patent venue, and specifically limited the ability of patent litigation plaintiffs to file in nearly any U.S. District Court in the country, and held a defendant …