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Venue in patent cases lies “in the judicial district where the defendant resides, or where the defendant has committed acts of infringement and has a regular and established place of business.” 28 U.S.C. §1400(b). Since 1990, the Federal Circuit interpreted the term “resides” coextensively with the general venue statute such that patent venue lay where the defendant was subject to personal jurisdiction. See, VE Holding Corp. v Johnson Gas Appliance Co., 917 F2d 1574, 1578 (1990). Minimum contacts required for personal jurisdiction are substantially less than a “regular and established” place of business. So, the court’s broad definition of “resides” essentially made §1400(b)’s alternative phrase unnecessary. But this year, the Supreme Court greatly narrowed that definition. See, TC Heartland v. Kraft Foods Group Brands, 137 S. Ct. 1514, 1517 (2017). The Federal Circuit, in turn, interpreted the newly-relevant alternative phrase. In re Cray, ___ F.3d ___, 2017 WL 4201535 at 4 (Fed. Cir. 2017). After two decades of relaxed patent venue rules, these decisions work a seismic shift in patent litigation.
By Nathan D. Renov
On March 27, 2018, in Oracle America, Inc. v. Google LLC, the Federal Circuit overturned a jury verdict in favor of Google from the U.S. District Court for the Northern District of California. In doing so, the court revived Oracle’s claim that Google’s use of Oracle’s open-source Java language code did not constitute “fair use.”
By Scott Graham
Despite Possibility of ‘Chaos,’ Presumption Against Extraterritorial Application May Give Way to Simple Proximate Cause Test, Justices Suggest
The U.S. Supreme Court seemed to be mulling a flexible test for foreign patent damages last month, with the categorical presumption against extraterritoriality taking a back seat.
By Shari Claire Lewis
A Recent Decision by the U.S. District Court for the Southern District of New York Involving Twitter May Have Significant Implications for Online Publications
The exponential growth of social media, and the inevitable conflicts that result, is leading to more and more litigation. In many instances, courts are being asked to apply laws crafted before the Internet era to these modern disputes.
By Mark Holah
Much has been written about what will happen to EU-wide IP rights after Brexit — and whether, and how, the protection given by those rights will be maintained in the UK. Finally, we have some clarity about what is going to happen.