How To Give Patent Clients A 'Get Out Of Texas' Card

By Jeremy Elman and Robert Mallard (September 20, 2017, 12:18 PM EDT) -- The U.S. Supreme Court, in TC Heartland LLC v. Kraft Foods Group Brands LLC, gave patent litigants a shock by overturning nearly 30 years of "forum shopping" by patent plaintiffs. While patent cases have a special venue provision (28 U.S.C. §1400(b)), the Federal Circuit held in 1990 in VE Holding Corp. v. Johnson Gas Appliance Co., that patent cases are also covered by the general venue provision for all civil cases (28 U.S.C. §1391), enabling plaintiffs to essentially pick any forum where allegedly infringing goods or services are offered for sale (any federal court, essentially, via the internet)....

Law360 is on it, so you are, too.

A Law360 subscription puts you at the center of fast-moving legal issues, trends and developments so you can act with speed and confidence. Over 200 articles are published daily across more than 60 topics, industries, practice areas and jurisdictions.

A Law360 subscription includes features such as