Call 855-808-4530 or email GroupSales@alm.com to receive your discount on a new subscription.
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 Karen Hoffman Lent and Kenneth Schwartz
The DOJ’s intervention, and the judge’s ultimate decision, has exposed tensions between the DOJ and FTC, and within the FTC itself, and public scrutiny is far from over as the case heads to the Ninth Circuit on appeal.
By Nicole D. Galli
In the last five years, the courts have instead began wading into policy setting without the tools and resources to fully consider all the issues and various interests. Thus, the recent congressional efforts to consider these questions is welcome and, frankly, overdue.
By Scott Graham
Fifteen states had argued that they and their public universities shouldn’t have to expose their patents to validity review at the patent trial and appeal board.
By Jeffrey S. Ginsberg and Abhishek Bapna
Federal Circuit Finds District Court Erred in Analysis of Motivation to Combine Prior Art References, Yet Affirms Ultimate Conclusion of Non-obviousness Due to the Lack of a Reasonable Expectation of Success
Federal Circuit Rules that Issue Preclusion Bars a Party from Arguing in an Appeal of an Inter Partes Review Decision an Issue Previously Decided in Another Inter Partes Review Proceeding that Was Not Appealed