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Although TC Heartland LLC v. Kraft Foods Group Brands LLC, No. 16-341 (May 22, 2017), answers the question of where a domestic corporation resides in patent infringement cases, it does not fully answer the question of where proper venue lies. In a move that many patent litigators had anticipated, the Supreme Court dispensed with the venue option of suing a corporate defendant wherever it could be subject to personal jurisdiction. Now, for purposes of venue in patent lawsuits, corporate defendants reside only in the state of incorporation. But, that does not necessarily mean that venue is not proper for corporate defendants outside their state of incorporation. Whereas before venue was largely taken for granted, the threshold issue of venue and whether a defendant has a “regular and established place of business” is likely to take on a much more prominent role in patent litigation following TC Heartland.
By Michael W. Mitchell and Edward Roche
The decision in Brammer v. Violent Hues sheds some light on when re-posting will be a “fair use” and when it will give rise to liability.
By Rob Maier
The trade war between the United States and China has had far-reaching effects on international trade and the global economy. The dispute is slowly developing into a battle of attrition, without any immediate resolution on the horizon despite ongoing trade talks. As businesses change the way they operate in response to this unpredictable trade environment, counsel should consider the risks and potential impacts on corporate IP strategy.
By Alan L. Friel
Part One of a Two-Part Article
The California Consumer Privacy Act (CCPA) is a comprehensive new consumer protection law set to take effect on Jan. 1, 2020. In the wake of the CCPA’s passage, approximately 15 other states introduced their own CCPA-like privacy legislation, and similar proposals are being considered at the federal level. Part One of this article covers how the CCPA applies to businesses — both in and outside California, the revenue threshold, proposed amendments and other open issues.
By George Soussou and Jeff Ginsberg
More Than a Recitation of Hooke’s Law Needed for Patent Protection
A Claim for a Chair Limits the Claim to a Chair