U.S. Supreme Court,
Civil Litigation,
Intellectual Property
May 17, 2018
Federal Circuit gives patent venue win to defendants
On May 14, the U.S. Court of Appeals for the Federal Circuit held that the burden of establishing proper venue under Section 1400(b) is on the plaintiff in patent cases, not the defendant challenging venue.
Ben M. Davidson
Founder
Davidson Law Group ALC
Intellectual Property
Phone: (310) 473-2300
Email: Ben@dlgla.com
George Washington Univ Law School
Ben is a former patent examiner and represents corporations in intellectual property litigation and proceedings before the U. S. Patent & Trademark Office.
For many years, the only thing general counsel feared more than learning that their companies were sued for patent infringement was that the lawsuit was filed in the District Court for the Eastern District of Texas. Historically viewed as favorable to patent owners, the Eastern District of Texas attracted plaintiff's attorneys who were able to avoid early rulings on summary judgment. Being sued in the district often meant settling just to avoid the enormous costs of d...
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