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The U.S. Supreme Court’s May 22, 2017, decision in TC Heartland LLC v. Kraft Foods Group Brands LLC, 137 S.Ct. 1514 has dramatically impacted the demographics of patent infringement lawsuits in the United States. Since the TC Heartland decision, the patent bar has observed a major shift in where plaintiffs choose to file new patent cases. Far fewer patent lawsuits have been filed in the Eastern District of Texas while far more have been filed in venues like the District of Delaware and the Northern District of California. This article examines the impact of TC Heartland with a focus on recent Federal Circuit decisions applying TC Heartland and further clarifying the scope of where patent cases may be filed.
By Alan L. Friel
Part Two of a Two-Part Article
By Scott Graham
The U.S. Supreme Court has jumped into a titanic copyright battle between Oracle Corp. and Google LLC with both barrels. The court’s involvement is sure to reignite a 50-year-old debate over how much, if any, software should be subject to copyright, and the contours of the fair use defense in the digital age.
By Phillip Bantz
Some of China’s largest companies have banded together with major brands in the United States and elsewhere to neutralize “patent trolls,” an indication that the country’s firms are becoming increasingly concerned about patent infringement litigation.
By Anthony H. Cataldo
U.S. Supreme Court to Hear Booking.com Trademark Case