A Stealth Upheaval In Patent Personal Jurisdiction?
Law360 (January 18, 2019, 1:22 PM EST) -- In 2017, the U.S. Supreme Court issued TC Heartland LLC v. Kraft Foods Group Brands LLC, which was a game changer for patent venue. The case drastically narrowed where defendants can be sued and shifted a significant amount of litigation out of the Eastern District of Texas, a favored forum for patent plaintiffs. That same year, the Supreme Court issued a decision on personal jurisdiction: Bristol-Myers Squibb Co. v. Superior Court of California. While that decision was not in the patent context, it has the potential to effect a similarly major shift in where patent lawsuits can be brought.
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