Header graphic for print
LimeGreenIP News

Tag Archives: determination of venue

Join Us at the Annual Berkeley-Stanford Advanced Patent Law Institute

Partner, Chris Mammen will be speaking at the the Advanced Patent Law Institute in Palo Alto on Dec 6-7, 2018. The APLI offers a results-oriented, in-depth look at the latest developments in patent law and practice. Co-organized by BCLT and Stanford Law School, it presents an expert faculty of judges, academics, litigators, patent prosecutors, and senior IP counsel from major corporations. Chris

Japan “Going Global”: Upcoming IP seminars in our multi-track event

We are excited to be holding the “Going Global” cross-practice, multi-track seminar again this year, 26 November in Osaka and 28 November in Tokyo. Our IP speakers will guide participants through the following issues:   Advanced trademark issues: What Japanese companies need to know about prosecution and enforcement in the U.S. and the EU This year, we are delighted to

US: Authorized automobile dealerships drive discussion on patent venue in the Eastern District of Texas

In May 2017, the Supreme Court tightened the rule for venue over domestic defendants in patent infringement cases finding that, under 28 U.S.C. § 1400(b), venue is proper only “in the judicial district where the defendant resides, or where the defendant has committed acts of infringement and has a regular and established place of business.” TC Heartland

Not so unitary after all? Cease & desist and damages claims law in EUTM infringements

The Higher Regional Court of Frankfurt recently ruled on the territorial scope of cease and desist claims and the law applicable to damages claims in a case where infringing acts occurred in several EU Member States (Higher Regional Court of Frankfurt, case ref. 6 U 4/15). Generally, the EU trademark regulation provides unitary protection of

Italy: Trademark exhaustion in parallel imports – A question of venue and owner consent in the State of importation.

By order issued on October 17, 2016, the Court of Milan ruled on exhaustion of trademark rights and on the activities preliminary to the commercialisation that may amount to trademark infringement. The decision centred upon the purchase of imported products from the owner in the State of importation and assigning the court having venue where

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: 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