May 22, 2017
“Attorneys React To Supreme Court Patent Venue Ruling,” Law360, May 22, 2017
The U.S. Supreme Court on Monday decided in TC Heartland LLC v. Kraft Food Brands Group LLC to put tighter restrictions on where patent owners can file infringement lawsuits. Here, attorneys tell Law360 why the decision is significant.
Glenn Forbis, Patent Litigator and Principal, Harness IP
“The Supreme Court’s decision in TC Heartland today will result in a substantial shift in patent lawsuits away from the Eastern District of Texas because many defendants, though subject to personal jurisdiction, are not incorporated and do not have a regular and established place of business there. While the District of Delaware and the Northern District of California will see increased filings, plaintiffs will also be forced to more frequently file in other courts that are far less experienced in patent cases. This may result in less predictability, as relatively inexperienced courts struggle with complicated and arcane aspects of patent cases.”