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Supreme Court ruling in patent case a blow to 'trolls'

Supreme Court ruling in patent case a blow to 'trolls'”

The case involved an appeal from TC Heartland LLC, a Carmel-based food sweetener company sued by Kraft Foods in Delaware.

Dickinson said a wave of lawsuits against retailers could prompt Congress to enact legislation shielding them from patent lawsuits relating to products they do not manufacture. The answer is: considerably.

"Given the definition of "resides" is limited to the "state of incorporation, ' it may lead to a swell in patent cases in DE, and otherwise funnel cases towards defendants" home jurisdictions", said Kirkland & Ellis intellectual property partner John O'Quinn.

As Utah's explosive growth continues, its businesses-which are becoming increasingly linked to high technology fields such as computers, semiconductors, software and internet technologies-are growing with it and have earned our great state the well-deserved moniker "Silicon Slopes". "The patent venue statute, 28 U". According to a Stanford Law School journal, 40% of all patent lawsuits are filed in East Texas and 90% of those are brought by patent trolls. The legal culture, judicial outlook, procedural preferences, and jury pools can vary substantially from court to court and region to region.

Since the 1990s, the Eastern District of Texas has been the preferred hunting ground for patent trolls. In recent years, a single judge based in Marshall, Texas, oversaw about a quarter of all patent cases nationwide, more than the number handled by all federal judges in California, Florida and NY combined.

The U.S. Supreme Court unanimously decided [PDF] that patent holders can only sue companies for patent infringement where they reside, or where they have an established and regular place of business. Clearly, the number of lawsuits being filed in the Eastern District of Texas should fall precipitously.

Читайте также: Theresa May labelled 'scared' by fellow leaders for skipping TV debate

The Supreme Court is making it easier for companies to defend themselves against patent infringement lawsuits in a case hailed by North Carolina's attorney general.

Several lawyers said they expected plaintiffs to also begin suing independent retail companies who merely sell allegedly infringing products. CCIA had filed an amicus brief with the court arguing for a narrow interpretation of venue-as the court eventually ruled-to "prevent a small business that's headquartered and incorporated in IN from being dragged into court in Texas or DE". Courts in other states won't be as friendly to patent trolls, so this seemingly unrelated Supreme Court decision may have the side effect of reducing frivolous patent lawsuits. "Heartland is proud to have contributed to the Supreme Court's evaluation of this landmark decision".

This development represents good news for Idaho's rapidly growing economy.

The decision will make it more hard to file infringement suits in friendly jurisdictions. The case is TC Heartland, LLC v. Kraft Foods Group Brands LLC, and despite appearing pedestrian in nature, the impact of this decision on patent infringement litigation will be dramatic. This helps to restore a sense of balance to our patent system and is a breath of fresh air.

"The question presented in this case is where proper venue lies for a patent infringement lawsuit brought against a domestic corporation", Thomas wrote.

The Federal Circuit "has made clear, with its en banc decision, it is paying little more than lip service to this principle", Chris Mohr, vice president for intellectual property and general counsel for SIIA, said last month.

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