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TS Tech's Impact on Transfer Decisions
In response to a writ of mandamus, on Dec. 29, 2008, the Federal Circuit in TS Tech ordered transfer of a patent litigation case out of the Eastern District of Texas. In re TS Tech, 555 F.3d 1315 (Fed. Cir. 2008). Two months before the TS Tech decision issued, the Fifth Circuit issued an en banc transfer decision in response to a writ of mandamus. In re Volkswagen of Am., Inc., 545 F.3d 304 (5th Cir. 2008) (en banc). In Volkswagen, the Fifth Circuit ordered that a product liability case be transferred out of the Eastern District of Texas. TS Tech and, to a lesser extent, Volkswagen have impacted patent litigation transfer decisions in 2009.
In TS Tech, the plaintiff patent owner filed suit in the Eastern District of Texas. The defendant filed a ' 1404 motion to transfer venue to the Southern District of Ohio. The district court denied the motion, and TS Tech petitioned for a writ of mandamus.
Why So Many Great Lawyers Stink at Business Development and What Law Firms Are Doing About It
Why is it that those who are best skilled at advocating for others are ill-equipped at advocating for their own skills and what to do about it?
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
A Lawyer's System for Active Reading
Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.
Blockchain Domains: New Developments for Brand Owners
Blockchain domain names offer decentralized alternatives to traditional DNS-based domain names, promising enhanced security, privacy and censorship resistance. However, these benefits come with significant challenges, particularly for brand owners seeking to protect their trademarks in these new digital spaces.