The Federal Circuit has held that “virtual” business operations are insufficient to establish patent venue. And it rejected the widely discussed four-factor approach to patent venue adopted by the Eastern District of Texas, which until recently was the nation’s busiest patent venue.
Continue Reading “Virtual” Business Operations Don’t Establish Venue for Patent Cases
Patent Law
Patent Exhaustion: A Win for Printer-Ink Refillers and Another Rebuke to the Federal Circuit
By Sim Israeloff on
Posted in Patent Law
Just a week after reversing the Federal Circuit’s longstanding interpretation of patent venue in TC Heartland LLC v. Kraft Foods Group, No. 16-341 (May 22, 2017), the Supreme Court again reversed the Federal Circuit, this time with respect to patent exhaustion.
U.S. patent laws entitle a patent holder to prevent others from making, selling,…
Supreme Court Limits Forum Shopping in Patent Cases
By Sim Israeloff on
In a closely-watched case, the Supreme Court greatly narrowed venue for patent cases. The ruling will limit forum shopping and greatly reduce the number of cases filed in the Eastern District of Texas, which is perceived as the most favorable district for plaintiffs bringing patent claims.
In recent years as many as much as 30-40%…