2017 was a tumultuous time for the patent system, which has evolved dramatically since patent reform litigation passed in 2011. With even more changes underway—for instance, new leadership at the US Patent and Trademark Office and high-profile (and potentially high-impact) cases being considered by the Supreme Court—2018 will likely be every bit as dynamic as…
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Patent law faces continued uncertainty in all three branches of government. The Supreme Court’s TC Heartland decision in May likely precipitated a dip in new patent litigation that carried unevenly through the third quarter. While litigation remains slow overall, plaintiffs have begun to test the bounds of TC Heartland by bringing novel venue arguments in…
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Delaware, Illinois, and California have emerged as popular venues for NPEs filing suit in the nine weeks following the Supreme Court’s decision in TC Heartland—a dramatic shift away from Texas. RPX data also show that existing defendants in the Eastern District of Texas meanwhile have eagerly tested post-TC Heartland ground during this period with more…
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