Analysis

Delaware Keeps Pace With Crush Of Patent Suits, For Now

Law360, San Francisco (October 20, 2017, 5:37 PM EDT) -- Five months after the U.S. Supreme Court's TC Heartland decision narrowed where patent suits can be filed, the Delaware federal court is emerging as the top district for patent owners to launch infringement cases, but its allure will depend on whether cases keep moving and empty seats on its bench are filled.

On May 22, the justices overturned a Federal Circuit rule that effectively allowed a patent holder to file suit anywhere a defendant makes sales, agreeing with TC Heartland LLC that a more restrictive standard should apply. Many criticized the Federal Circuit's rule for encouraging forum-shopping in patent litigation, particularly...

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