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Expert Analysis

A Circuit Split Could Keep Patent Cases In East Texas

By Sean Murray (July 14, 2017, 11:57 AM EDT) -- The U.S. Supreme Court's TC Heartland decision hit the patent landscape like a tsunami, sweeping aside settled notions about where and how patent disputes are resolved in the United States. Still unsettled is the fate of defendants currently in the Eastern District of Texas, the federal judicial district most favored by plaintiffs. Many defendants in East Texas have already moved for transfer or dismissal on venue grounds, despite having failed to raise a venue defense in their responsive pleading. Have they waived the right to challenge venue? The answer may depend on which circuit's law is applied....

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