Stephen B. Brauerman, co-chair of Bayard’s litigation group, recently commented, in a Law360 article, on the impact of the Supreme Court‘s TC Heartland ruling one year after the decision. TC Heartland limits the judicial districts in which a patent case can be filed to (1) the defendant’s state of incorporation, or (2) where the defendant commits an act of infringement and has a regular and established place of business. The decision has caused a noticeable increase in cases filed in Delaware. Brauerman observed that the District of Delaware has “We have seen an influx of cases. It has been more of a stream than a flood.” Chief Judge Stark also noted that while the vacancies on Delaware’s District Court bench have had a small impact, the court has utilized visiting judges to help manage the caseload.
Law 360 is an online legal publication by the Portfolio Media, Inc. located in New York City. The full article can be read here.
For a more in-depth review of the TC Heartland decision, please see http://www.bayardlaw.com/legal-updates/united-states-supreme-court-clarifies-patent-venue-tc-heartland-llc-reversal.