John Love

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

Going Back to Cali? Federal Circuit Solidifies General Right To Transfer Out of ED Tex

Many technology companies here in Silicon Valley find themselves in the Eastern District of Texas – either as a plaintiff drawn to the district’s reputation as a plaintiff’s forum or as a less-willing defendant.  Motions to transfer are often the first motions filed in such cases since these companies often maintain the bulk of their operations outside of the Eastern District.  The Federal Circuit just issued a case on April 3, 2014, that sheds a little more light the Fifth Circuit’s test (which would be applied by Texas courts, amongst the other district courts in the Fifth Circuit) for determining whether a case should be transferred from the district in which it was filed to another. In re Toyota Motor Corporation, et al., Appeal No. 2014-113. This decision should facilitate transfer out of the Eastern District. READ MORE