High Court Rocks 25 Years of Patent-Venue Precedent
05:29, May 24, 2017
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That's because the unanimous decision [PDF], which reversed an appeals court ruling, effectively requires plaintiffs in patent cases to bring infringement lawsuits in districts where defendants are incorporated. This ruling hurts those companies since they can no longer file in remote federal courts that have a reputation for friendliness to plaintiffs.
The rocket docket fueling patent litigation in Texas' Eastern District may soon be crashing back to earth, as the U.S. Supreme Court has grounded forum shopping for infringement lawsuits. In 2013, there were more patent cases filed in the Eastern District of Texas than were filed in Los Angeles, Miami, New York, Chicago and Boston combined. Yesterday, the US Supreme Court ruled on a key change that should make it much harder for patent trolls to be successful.
The ruling means that patent litigation will be spread out, in theory, though given the fact that many technology companies are based on the east coast of the United States, it could see a swell of cases move to just a handful of other jurisdictions.
Now, Delaware - where many U.S. companies are incorporated due to friendly business statues - is likely to see a surge in cases.
Nevertheless, the decision to limit where patent trolls can bring patent infringement lawsuits will be a big win for technology companies as well. Local rules there favor quick trials and juries tend to be more sympathetic to plaintiffs. Patent trolls are shell companies that buy patents from inventors then sue companies that unknowingly infringe on the patents in the products they make.
"This Supreme Court ruling can help curb decades of misuse of the patent system by restricting a common tactic used by patent trolls - forum shopping", Computer & Communications Industry Association President Ed Black said in a statement.
The Supreme Court's "regular and established place of business" could be as simple as a retail store, said Michael Smith, a patent lawyer with Siebman, Burg, Phillips & Smith in Marshall, Texas who often represents defendants.
The justices ruled unanimously that patent owners must bring lawsuits only in states where the targeted company is incorporated. Since so far they've been able to file suit in almost any jurisdiction, patent trolls had little holding them back from trying to obtain large sums of money from other companies. Who would have thought that the issue of venue in patent litigation could be so significant?
The Supreme Court's ruling overturns a US Circuit Court finding, which held that any place a company fell under jurisdiction could be the venue for a patent hearing. 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. This was enough to convince the Federal Circuit that § 1391 (c) now governs the definition of "resides" in 1400 (b). "The costs of defending patent litigation will be reduced, and the costs of patent trolling activity will be increased". This case would still likely leave approximately 60% of patent cases in these same five districts. Justice Neil M. Gorsuch didn't participate in the case.
Heartland Food Products Group (Heartland FPG), maker of America's number one sweetener, SPLENDA Brand Sweetener, applauds the Supreme Court's decision in the company's case against Kraft Foods.
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Officials pointed out that economic loss claims pending against Ford, Honda and Nissan will continue to be prosecuted. They began in 2008 and cover around 100 million airbag inflators used in vehicles made by 19 automakers.
Lagoo started her career in the late 1970s, and soon became famous for playing the mother of lead characters. Rishi Kapoor, Aamir Khan and Kiran Rao, Kajol, Sonali Kurkani and Rakesh Bedi attended her last rites.
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The event was a part of National Police Week, an annual week of recognition of law enforcement established by President John F. Brad Little also spoke during the service, saying it's honor to serve a state filled with fearless men and women.
Meanwhile polls have warned that Labour, which won a majority in four councils five years ago, could be facing "heavy losses". On average the party's share of the vote has been up ten points on 2012 in such contests.
Jeremy Corbyn, the leader of the main opposition Labour Party, also declined to attend the debate, citing May's absence. He said: 'The Brexit negotiation between Brussels and London will have outcomes none of us can predict.
Kylie - who has a huge collection of wigs - tried out a new pixie style for the shoot, ditching her previous long locks. She's so nice and just sits there and has her arm ready and lets me do my thing.
The encounter, which lasted more than 24 hours, ended on Sunday evening and left seven people dead, including three soldiers. "It was part of the plan to proactively dominate the LoC and counter-terrorism operations to curb infiltration", he said.
In the Asian region, Japan's Nikkei was up 0.2%, Hong Kong's Hang Seng rose 0.3%, Shanghai Composite 0.12% in early deals. The S&P BSE mid-cap index fell 0.72 per cent while the small-cap index declined 0.88 per cent.
Princess Mako's brother, 10-year-old Hisahito, is the fourth heir to the throne and the only boy in his generation. The legislation endorsed Friday, May 19, 2017 would allow Crown Prince Naruhito to succeed his father as emperor.
Wet weather lingering in Colorado Springs area
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