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Features
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." 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. But this year, the Supreme Court greatly narrowed that definition in <i>TC Heartland v. Kraft Foods</i>. The Federal Circuit, in turn, interpreted the newly-relevant alternative phrase. After two decades of relaxed patent venue rules, these decisions work a seismic shift in patent litigation.
Features
<b><i>Part One of a Two-Part Article</i></b><p>This two-part article is divided into three sections: 1) Social media, defined; 2) Examples of how social media has been used in family law cases; and 3) Ethical considerations for attorneys who gather social media evidence.
Features
<b><i>After Several IP-Heavy Seasons, the 2017 Term At the U.S. Supreme Court Looks to Be a Quiet One for Intellectual Property — with One Big Exception</b></i><p>The 2017 term at the U.S. Supreme Court looks to be a quiet one for intellectual property. But with one potential bang in the middle.
Because the drug-manufacturing defendants seeking federal retention of a case removed from state court were unable to prove the four elements of the U.S. Supreme Court's <i>Gunn</i> test for federal-question jurisdiction, the U.S. Disctrict Court for the Northern District of California remanded the case to state court.
Features
For most global entertainment and media companies, the need to think about how to protect intellectual property in China is an inevitable reality. For a few years, there have been indications that China is willing to be more protective of IP owners' rights. But recent events signal there's still work to be done. These developments highlight that, despite small gains, protecting intellectual property in China can still be a major headache for companies and in-house attorneys.
Columns & Departments
No Trademark Protection for <i>Dirty Dancing</i> Phrase Used in Financial Services Ad
Features
<b><i>Part Two of a Two-Part Article</i></b><p>As discussed in Part One last month, an AFC advocates for the child client in much the same way that any other attorney advocates for an adult client. This author is not a fan. He concludes his discussion of the drawbacks of New York's AFC system herein.
Columns & Departments
A look at a case involving retention of tenant's check in a lockbox.
On Oct. 4, 2017, the United States Court of Appeals for the District of Columbia issued an Order concerning FBME Bank's appeal of a 2014 decision against it by the United States Financial Crimes Enforcement Network (FinCen). Here's a look at the ruling.
Analysis of a case involving a man who lied about his role as a government agent.
