The New Patent Venue Regime
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.
The Food Safety Modernization Act
<b><i>Part One of a Two-Part Article</i></b><p>By being proactive in adopting safe food processing operations, such companies hope to protect their reputation and business from the negative publicity and possible financial disaster arising from the sale of contaminated food and non-compliance with the Food Safety Modernization Act (FSMA).
Social Media: Questions of Admissibility and Ethics
<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.
At High Court, Just One IP Case That Matters
<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.
NY's Paid Family Leave Program
<b><i>Part Two of a Two-Part Article</i></b><p>Last month, the authors discussed the fact that New York State will have its own "Paid Family Leave Benefits Law," effective Jan 1, 2018. They noted the differences from the FMLA, and discussed insurance considerations. The discussion concludes herein.
Drug & Device News
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.
Follow Up on False Claims Act Actions
This article discusses what you can do to mitigate against the risk inherent in prolonged exposure. While a 50-state survey is beyond the scope of this article, the authors identify issues that should be on the forefront of your mind if faced with potential state false claims act liability.
Development
Analysis and discussion of several important cases.
<b><i>Leadership:</i></b> Never Lose Heart: Appreciating the Human
<b><i>The Impact of What We Do as Marketers and Lawyers</b></i><p>Sometimes the legal profession can seem to be too much about money and the chase thereof. So, maybe it is time to talk more about the human impact of what we do — we almost never talk about what could arguably be the most important aspect of our professional lives: How what we do as professionals impacts the lives of real people, in meaningful ways.
