Tag Archives: Sim Israeloff

“Virtual” Business Operations Don’t Establish Venue for Patent Cases

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. For almost 30 years, venue of patent cases utilized the general federal venue … Continue Reading

Supreme Court Limits Class-Action Tolling

The Supreme Court has held that class action tolling under American Pipe does not toll the time within which a suit must be filed under a statute of repose. In American Pipe the Court held that “the commencement of a class action suspends the applicable statute of limitations as to all asserted members of the … Continue Reading

Patent Exhaustion: A Win for Printer-Ink Refillers and Another Rebuke to the Federal Circuit

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, or … Continue Reading

Federal Subject Matter Jurisdiction is not Lost by Voluntary Dismissal of the only Claim Conferring Jurisdiction

The Fifth Circuit has reiterated the rule that federal subject matter jurisdiction is measured at the time of removal and is not destroyed by subsequent events including the voluntary dismissal of the only claim conferring federal question jurisdiction. In GlobeRanger Corp. v. Software AG, No. 15-10121 (5th Cir. Sept. 7, 2016), the court untangled a … Continue Reading

Fraudulent Transfers Made With Actual Intent to Hinder, Delay or Defraud Creditors Permit Piercing the Corporate Veil for Contract Debts

Texas law greatly restricts the use of alter ego or fraud to pierce the corporate veil and hold shareholders liable for a corporation’s contract debts.  A shareholder may only be held personally liable if the obligee demonstrates that the holder, beneficial owner, subscriber, or affiliate caused the corporation to be used for the purpose of … Continue Reading
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