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Nadia Aksentijevich

Posts by Nadia Aksentijevich

US: Federal Circuit denies venue transfer in TC Heartland

In follow up to our earlier post the Court of Appeals for the Federal Circuit has denied TC Heartland LLC’s (“TC”) petition for a writ of mandamus to direct the U.S. District Court for the District of Delaware to either dismiss or transfer the patent infringement suit filed against it by Kraft Foods Group Brands LLC

US: The DTSA – Creating original federal jurisdiction over trade secret theft

On April 4, 2016, the U.S. Senate unanimously passed the Defend Trade Secrets Act of 2016 (“DTSA”) which intends to create a federal civil cause of action for trade secret theft. The bill offers trade secrets owners alternatives to navigating varied state trade secret laws or seeking assistance from the Department of Justice. In essence,

US: Getting to the heart of proper venue in the TC Heartland case

The Federal Circuit’s pending decision in Kraft Foods, LLC v. TC Heartland, LLC regarding the determination of proper venue in patent litigation cases follows a year in which nearly half of all patent cases were filed in the notoriously plaintiff-popular, Eastern District of Texas. According to a 2015 Lex Machina report, the District of Delaware

US: Federal Circuit agrees PTAB can “pick and choose”

On February 10, 2016, in a 2-to-1 decision, the Federal Circuit upheld the Patent Trial & Appeal Board’s (the “PTAB’s”) policy of conducting partial reviews of patents challenged under inter partes review petitions. In Synopsys, Inc. v. Mentor Graphics Corp., the Court found no statutory requirement that the PTAB’s final written decision must address every