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The Federal Circuit recently addressed motions to transfer and drew a distinction between motions based upon the convenience of parties and witnesses and those for improper venue. It also clarified that the Supreme Court’s recent decision in TC Heartland did not supplant the long-standing rule that venue laws do not protect foreign defendants.
The Federal Circuit recently addressed motions to transfer and drew a distinction between motions filed under 28 U.S.C. §1404(a) based upon the convenience of parties and witnesses and those filed under 28 U.S.C. §1406(a) for improper venue. In re: HTC Corp., 889 F.3d 1349, 1352 (Fed. Cir. 2018). The Federal Circuit further closed a potential venue loophole created by TC Heartland LLC v. Kraft Foods Group Brands LLC, 137 S.Ct. 1514, and clarified that the Supreme Court’s recent decision did not supplant the long-standing rule that venue laws do not protect foreign defendants. In re: HTC, at 1357.
By Erin Hennessy, Annie Allison and Logan Kotler
Copyright, Fortnite and the Ability to Protect How You Shake Your Groove Thing
The U.S. Supreme Court just crashed the copyright world’s latest dance party — stepping on the toes of a soiree of copyright infringement lawsuits against videogame developer Epic Games, the creator of Fortnite.
By John P. Isacson
IPRs have now been conducted for several years, and litigation has ensued over the procedures by which they are conducted. Decisions have been rendered by the U.S. Supreme Court and the U.S. Court of Appeals for the Federal Circuit, which have resolved some issues, created others, and altered procedures.
By Amanda H. Wilcox
Social media is growing up, and this means that brands of all sizes and across all industries are using social media as part of their marketing strategy. However, courts have confirmed that the basic tenets of intellectual property law and advertising law still apply. The following guidelines stem from common questions that clients often have in the area of social media marketing.
By Jeff Ginsberg and Zhiqiang Liu
Federal Circuit Declines to Follow Patent Office’s Subject Matter Eligibility Guidance In Affirming Trial Court’s Decision That Claims Are Directed to Patent-Ineligible Subject Matter