This program will consider likely and suggested moves for plaintiffs and defendants over the next months while litigants wait for the U.S. Supreme Court decision in TC Heartland. If the justices decide to overturn the Federal Circuit’s liberal stance toward venue, it could well reshape patent litigation, curtailing the number of cases that can be filed in the Eastern District of Texas, the leading beneficiary of forum-shopping. Last year, EDTX received more case filings than the next four U.S. court districts combined, and that number is likely to fall if venue is restricted to where the defendant is incorporated or has a place of business.
Our panel includes a litigator who often represents defendants in patent suits, a litigator who often represents plaintiffs, and a veteran local counsel in EDTX. They will consider such issues as:
- Will there be a surge of complaints filed in EDTX before June?
- What new plaintiff strategies might emerge in EDTX or elsewhere, such as an uptick in cases against customers or distributors? Will this lead to more use of MDL in patent cases?
- The definition of “a place of business” has not mattered for decades, but it could in the future. Is a sales representative enough to establish venue? Do you need an inventory of products?
- What will happen to cases pending in EDTX if the Supreme Court changes the law? Will it matter at what stage the litigation is pending?
- What will be the retroactive time window for appealing an EDTX decision or judgment if the law changes?
Speakers:
- Jeffrey Bragalone, Bragalone Conroy PC
- Colette Reiner Mayer, Morrison & Foerster LLP
- Michael Smith, Siebman, Burg, Phillips & Smith LLP
