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An Uptick In Customer-Suit Exception After TC Heartland?

Law360, New York (November 9, 2017, 2:40 PM EST) -- One speculated consequence of TC Heartland is that patentees may choose to file lawsuits against other parties in the supply chain. Since the patent laws provide a remedy against “whoever ... sells any patented invention, within the United States,” manufacturers are not the only potential target.[1] Plaintiffs may sue distributors or retailers instead. Notably, plaintiffs can sue distributors or retailers in venues in which venue against the manufacturer might be improper. Therefore, plaintiffs can outflank TC Heartland by suing a batch of big-box retailers in the...
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