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James Green, Landis Rath & CobbAlmost one year ago, the U.S. Supreme Court decided the landmark case of TC Heartland v. Kraft Foods Group Brands, 137 S. Ct. 1514 (May 22, 2017). The decision upended what had been the status quo on the issue of where venue lies in patent infringement actions. The author has written before for the Delaware Business Court Insider about a looming potential for a restriction on where plaintiffs may bring patent infringement lawsuits, first in 2016 when the U.S. Court of Appeals for the Federal Circuit acted on a writ of mandamus and issued its opinion on the issue, maintaining a broad interpretation of the applicable venue statutes, and again when the Supreme Court first issued TC Heartland and overruled a 26-year-old precedent of the Federal Circuit. The question had always been whether a Supreme Court ruling would end an era during which, for certain periods, over 40 percent of all patent infringement suits were being brought in the Eastern District of Texas. Now, a year later, there is evidence that this concentration of a single type of litigation in a single district is being redistributed among other historically significant patent infringement litigation venues, including the District of Delaware.
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Does a nonresident officer’s prior service to a Delaware corporation allow the Delaware courts to compel her to appear to testify at trial as a third-party witness?
A vice chancellor of the Delaware Court of Chancery on Monday refused Energy Transfer Equity's bid for a second chance at claiming a nearly $1.5 billion break-up fee stemming from the pipeline company's failed merger with The Williams Cos. Inc.
A Taiwanese technology company on Monday accused Google Inc. in Delaware federal court of infringing two motion-sensing patents with its line of Pixel cellphones.
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