Showing posts with label TC Heartland v. Kraft Foods. Show all posts
Showing posts with label TC Heartland v. Kraft Foods. Show all posts

Tuesday, July 25, 2017

Will East Texas be able to keep patent cases despite the Supreme Court?; Ars Technica, July 20, 2017

Joe Mullin, Ars Technica; Will East Texas be able to keep patent cases despite the Supreme Court?

"The following month, though, it looked like Cray had been thrown a lifeline by the US Supreme Court, which voted 8-0 to tighten up patent venue rules in a case called TC Heartland v. Kraft FoodsThe high court held that companies can only be sued for patent infringement in the state in which they are incorporated, or where the defendant company has a "regular and established place of business."
Yet under the new rules, Gilstrap still wouldn't let Cray out of the district. Cray's only tie to the district was a single salesperson, who worked out of his home in the Eastern District. In the judge's view, though, that was enough to find that Cray had "regular and established" business in the Eastern District and would have to face trial.
Gilstrap's controversial interpretation of the TC Heartland decision has been scorned by lawmakers who have supported patent reform efforts. In a hearing about the US patent system last week, Rep. Darrell Issa (R-Calif.) said Gilstrap's move "rejects the Supreme Court's unanimous decision" and was "reprehensible.""

Sunday, July 9, 2017

Texas Judge Sets Patent Venue Test for a Post-TC Heartland World; Inside Counsel, July 6, 2017

Scott Graham, Inside Counsel; Texas Judge Sets Patent Venue Test for a Post-TC Heartland World

"The first big post-TC Heartland shoe has dropped on the patent world.

U.S. District Judge Rodney Gilstrap of the Eastern District of Texas set down ground rules last week for maintaining cases in the district following the Supreme Court's decision in TC Heartland v. Kraft Foods resetting venue rules.

Gilstrap laid out four factors he will consider when deciding whether a company has a “regular and established place of business” that gives rise to venue. While a fixed physical presence such as a store or office will tend to be persuasive, “that is not a prerequisite to proper venue,” Gilstrap wrote. His rules appear to open the door for internet companies to continue being sued in the Eastern District in some circumstances."