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The U.S. Supreme Court’s May 22, 2017, decision in TC Heartland LLC v. Kraft Foods Group Brands LLC, 137 S.Ct. 1514 has dramatically impacted the demographics of patent infringement lawsuits in the United States. Since the TC Heartland decision, the patent bar has observed a major shift in where plaintiffs choose to file new patent cases. Far fewer patent lawsuits have been filed in the Eastern District of Texas while far more have been filed in venues like the District of Delaware and the Northern District of California. This article examines the impact of TC Heartland with a focus on recent Federal Circuit decisions applying TC Heartland and further clarifying the scope of where patent cases may be filed.
By J. Alexander Lawrence
Since the advent of the Internet, the music industry has been in a pitched battle to combat online piracy. Initially, the industry focused on shutting down services that offered peer-to-peer or other similar platforms, such as Napster, Aimster and Grokster. For a time, the industry also focused on filing claims against individual infringers to dissuade others from engaging similar conduct. In recent years, the industry seems to have shifted focus toward Internet Service Providers.
By Connor Tucker
The Defend Trade Secrets Act (DTSA) requires pleading a connection between a trade secret, a product or service, and interstate commerce. But failure to prove such a connection divests the district court of subject matter jurisdiction. This article summarizes the first three years of cases discussing the jurisdictional element and explores implications.
By Veronica Mullally Munoz
By Jeffrey S. Ginsberg
SCOTUS Confirms that Secret Sales Continue to Qualify as Prior Art Under the AIA
New York District Judge Extends Estoppel Under §315(e) to Grounds Not Raised in Petition for Inter Partes Review