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Expert Analysis

Venue Change May Impact Actions Against Foreign Patentees

Law360, New York (May 20, 2013, 11:50 AM EDT) -- Since its passage, commentators have spilled a lot of ink discussing the America Invents Act, with a heavy focus on post-grant review, the change to a first-inventor-to-file system, and the new opportunity for fast-track examination. This focus is unsurprising given the significant import of these changes on our patent system. One seemingly overlooked portion of the AIA changes the answer to the following question — where can you file a declaratory judgment action against a foreign patentee that has alleged infringement of a United States patent?...

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