Posts by: David Medina

Venue After TC Heartland – Attending a trade show or location of CEO’s abode not enough to prove “regular and established place of business”

We have been tracking how district courts have handled venue challenges in a post-TC Heartland[1] world, and have reported changes to some of the more popular patent venues, as well as a continuing split among district courts on whether TC Heartland provides grounds to raise new challenges. Another development we have noticed is the refining by District Courts of the patent venue statute’s phrase “regular and established place of business.” READ MORE

Copyright Assertion – Wait, or Don’t?

Fourth Estate Public Benefit Corp. v. Wall-Street.com, LLC et al., 11th Cir. (May 18, 2017)

Copyright protection can be a critical part of a company’s IP strategy, especially when that company generates time-sensitive news stories and other writings. But, as this 11th Circuit decision demonstrates, it remains unclear whether a copyright lawsuit can be filed on a work the Copyright Office has not yet officially registered.

By statute, a party can’t file suit on a copyright until after “registration.” Although the copyright registration process is relatively straightforward, it does not happen instantly. In a situation where a content creator is rapidly producing new writings, it may wish to sue a copier prior to completion of registration by the Copyright Office. READ MORE