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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.
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Beyond Language: How Multimodal AI Sees the Bigger Picture
By Matthew R. Carey
The possibilities for patenting innovative applications of multimodal models across industries are endless.
Protecting Technology-Assisted Works and Inventions: Where Does AI Begin?
By Ed Lanquist, Jr. and Dominic Rota
Just like any new technology, efforts to protect and enforce intellectual property on AI-based technologies are likely to be hampered by a lack of both a unified governing framework and a common understanding of the technology.
Content-Licensing Payment Dispute Turns On Existence of Fiduciary Relationship
By Stan Soocher
A recent New York federal court decision in a dispute between a broker that sublicenses program content and a broadcaster that sublicensed content from the broker considered the interaction of contract language and extra-contractual elements of the parties’ relationship to determine whether a fiduciary relationship existed.
Federal Judge Blasts Patent Trolls
By Rob Maier
A recent order from Chief Judge Colm Connolly in the U.S. District Court for the District of Delaware may serve as a warning for “patent trolls” — the derogatory term used to describe companies whose sole function is to acquire and then assert patents, often in cases that are questionable on the merits — against filing cases in Delaware going forward.