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Although TC Heartland LLC v. Kraft Foods Group Brands LLC, No. 16-341 (May 22, 2017), answers the question of where a domestic corporation resides in patent infringement cases, it does not fully answer the question of where proper venue lies. In a move that many patent litigators had anticipated, the Supreme Court dispensed with the venue option of suing a corporate defendant wherever it could be subject to personal jurisdiction. Now, for purposes of venue in patent lawsuits, corporate defendants reside only in the state of incorporation. But, that does not necessarily mean that venue is not proper for corporate defendants outside their state of incorporation. Whereas before venue was largely taken for granted, the threshold issue of venue and whether a defendant has a “regular and established place of business” is likely to take on a much more prominent role in patent litigation following TC Heartland.
By Peter Kidd
Iancu v. Brunetti
The Supreme Court held the bar against registration of immoral or scandalous marks “collided” with well-established free speech doctrine, namely, that laws disadvantaging speech based on the views expressed thereby violate the First Amendment.
By Charles A. Cartagena-Ortiz
The U.S. Supreme Court issued its long-awaited decision in Mission Product Holdings, Inc. v. Tempnology , ruling that a trademark licensee can retain its rights under a trademark license agreement that is rejected by the licensor as an executory contract in bankruptcy.
By Dorothy Leray and Jeff Ginsberg
Federal Circuit Affirms PTAB Decision Finding Lack of Written Description for Methods of Detection
Federal Circuit Dismisses Appeal of IPR Decision for Lack of Standing
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.