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posted by martyb on Wednesday May 24 2017, @10:38AM   Printer-friendly
from the patent-friendly-jurisdictions dept.

The Register reports

The US Supreme Court has issued a ruling that could block patent-holding firms from seeking out friendly courts to hear their infringement claims.

An 8-0 ruling by the nation's top court in the TC Heartland v Kraft Foods [PDF] case held that a company can be sued only in the state where it is incorporated, rather than in any district where the company happens to do business.

The unanimous decision (newcomer Neil Gorsuch did not take part in the hearing) will place stricter limitations on where patent infringement suits can take place, and will bar plaintiffs from seeking out friendly judges more likely to side with patent holders.

TechDirt adds

Another Supreme Court case on patents, and another complete smackdown of the Court of Appeals for the Federal Circuit (CAFC), the court that is supposed to be the "expert" on patent cases. [...] As you've probably heard, for years now patent trolls and other aggressive patent litigants have been filing their cases in East Texas, as it's become a jurisdiction that is ridiculous friendly to patent holders. The towns of Marshall and Tyler, Texas have practically built up industries around the fact that they are "patent friendly" jurisdictions. In the past few years, a second favored jurisdiction has popped up: Delaware, after a few academic studies showed that the courts there may have been even more friendly than East Texas. The TC Heartland case was about a case filed in Delaware, and raised the issue of whether or not this kind of patent forum shopping was okay.

CAFC, in its usual CAFC manner, said "sure, that's great, we love jurisdiction shopping and have since our 1990 ruling in VE Holding v. Johnson Gas". This was kind of ironic, as one of the key justifications given for setting up CAFC in the first place was to put an end to jurisdiction shopping in patent cases.


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  • (Score: 2) by hemocyanin on Wednesday May 24 2017, @02:12PM

    by hemocyanin (186) on Wednesday May 24 2017, @02:12PM (#514813) Journal

    I haven't looked at the rule but I'd be shocked if there isn't an "or" in there along the lines of "District where incorporated or in $defaultDistrict if not incorporated in the US."

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