The Federal Circuit panel today rejected TC Heartland’s Petition for Mandamus to direct the United States District Court for the District of Delaware to either dismiss or transfer the patent infringement suit filed against it by Kraft. Heartland had argued that the 2011 amendments to the venue statute have changed the patent venue standard to permitting venue only where a defendant resides or where the defendant allegedly infringes the patent and has a place of business.… More
Tag Archives: venue
CAFC Debates a Change in the Venue Standard
AIA trial proceedings, such as IPR’s, provide alternatives to traditional patent litigation, as Scott Kamholz and I discussed in our article “Good, Fast, Cheap Certainty: The Case for Patent Office Litigation,” (recently published in The New York Law Journal). When considering an IPR and/or traditional litigation, factors such as cost, speed and convenience must be considered. On March 11, 2016, the Federal Circuit took up the venue standard in patent litigation —… More