HomeWebcastThe Patent Venue Landscape after TC Heartland: Everything You Need to Know
Online CLE TC Heartland CLE

The Patent Venue Landscape after TC Heartland: Everything You Need to Know

Live Webcast Date: Wednesday, July 18, 2018 from 12:00 pm to 2:00 pm (ET)
CLE Intellectual Property LawRecording

Online CLE TC Heartland

The Federal Circuit's 2017 decision in TC Heartland has created a paradigm shift on how litigants in patent cases choose a venue. For decades, patent holders were allowed to sue for infringement in almost any federal district court wherever personal jurisdiction could be established, allowing non-practicing entities (NPEs) to choose venues that would create heavy pressure on defendants to settle and avoid costly litigation. However, with the recent court decision, patent litigation cases have been limited to districts in states where the defendant is incorporated or has a regular and established place of business only.

The sudden shift in the patent venue landscape may create new patent challenges, and may give rise to more complicated risks and pitfalls. To avoid such risks, patent holders and their counsel should keep themselves abreast of the recent trends and developments surrounding this area.

In this Webcast a panel of thought leaders and professionals brought together by The Knowledge Group will provide the audience with an in-depth analysis of the recent updates and trends in the patent venue landscape after the TC Heartland decision. Speakers will also identify key issues and trends involving this significant topic.

Key topics include:

  • The Patent Venue Landscape: An Overview
  • The TC Heartland Decision
  • Other Recent Court Decisions
  • Rule 12 of the FRCP
  • Identifying Risks and Pitfalls
  • Issues and Legal Considerations
  • What Lies Ahead

Who Should Attend

  • Patent Attorneys
  • Patent Agents
  • Intellectual Property Lawyers
  • Patent Consultants
  • Patent Licensing Attorneys
  • Patent Litigators
  • Patent Holders
  • In-house Counsel
  • Other Interested Professionals

Faculty

Online CLE TC Heartland
Richard W. Hoffmann
Shareholder
Reising Ethington P.C.
Online CLE TC Heartland
Blaney Harper
Partner
Jones Day
Online CLE TC Heartland
Edward A. Pennington
Partner
Smith, Gambrell & Russell, LLP
Online CLE TC Heartland
Eric Olavson
Senior Attorney
Dunlap Bennett & Ludwig PLLC

Click Here to Read Additional Material

Online CLE TC Heartland

SEGMENT 1:
Richard W. Hoffmann, Shareholder
Reising Ethington P.C.
  • Shift in caseload (a brief indication of where the patent case were prior to TC Heartland and some more recent statistics)
  • Old test / new test
  • Place of incorporation
  • Regular and established place of business
  • Waiver/Change of Law?
  • Declaratory Actions?

SEGMENT 2:
Blaney Harper, Partner
Jones Day
  • Venue burden?
  • Pendant venue?
  • 271(e) safe harbor for venue?
  • Parent / Subsidiary?
  • Multiple defendants?  Multiple Patents
  • Foreign Defendants ?
  • ANDA cases ?

SEGMENT 3:
Edward A. Pennington, Partner
Smith, Gambrell & Russell, LLP
  • The Impact of TC Heartland On Patent Litigation Strategy
  • The Evolving Definition of Regular and Established Place of Business Post TC Heartland
  • By The Numbers: How TC Heartland Has Shifted Judicial Workload

SEGMENT 4:
Eric Olavson, Senior Attorney
Dunlap Bennett & Ludwig PLLC
  • A Survey of Venue Decisions Following Cray
  • The Metes and Bounds of Patent Venue: How Do You Win?
  • The Future of Patent Venue

Online CLE TC Heartland

Online CLE TC Heartland

Richard W. HoffmannShareholderReising Ethington P.C.

Rick Hoffmann is a shareholder in the firm of Reising Ethington, PC in Troy, MI and has more than 30 years of experience in the intellectual property field. He has a B.S. in Chemical Engineering from Michigan Technological University and a law degree from Michigan State University College of Law.   He focuses his practice on intellectual property litigation, having been lead counsel in well over 75 intellectual property cases in courts throughout the United States.  He has argued cases before the U.S. Courts of Appeals for the Federal and 6th Circuits, and was co-counsel with now Chief Justice of the United States, John Roberts, in a case before the U.S. Supreme Court.  He has been named to Super Lawyers for 12 consecutive years. He is also co-author of the case book, Cases and Materials on Patent Law Including Trade Secrets, 7th edition.

Online CLE TC Heartland

Blaney HarperPartnerJones Day

Blaney Harper's practice focuses on strategic patent litigation representing electronics, software, and information technology companies in matters such as patent enforcement in United States District Courts and the International Trade Commission (ITC). Blaney also represents and counsels clients concerning patent portfolio development and patent prosecution and appeal, including Inter Partes Review, in the USPTO.  Blaney's experience covers a broad cross-section of technology, including semiconductor structures, microprocessor architecture, memory, application-specific integrated circuits, and related hardware and software for applications such as wireless communications, fiber-optic networks, distributed computing, digital image processing, computational linguistics, computer controlled radiology, computer peripherals, accelerometers, and other electronic sensors. Blaney's engineering experience gives him keen insight into many technology issues.  Blaney has been recognized in Intellectual Asset Management (IAM) 1000 (2014-2017) ("a man of action who really knows how to drive a matter towards the right outcome for his client.") and in Managing Intellectual Property "2015 USIP Stars."

Online CLE TC Heartland

Edward A. PenningtonPartnerSmith, Gambrell & Russell, LLP

Edward A. Pennington is a Partner in the Intellectual Property Practice of Smith, Gambrell & Russell, LLP. Mr. Pennington has worked exclusively in the field of intellectual property for close to 30 years. During that time he has successfully tried many jury cases to verdict, both on the plaintiff’s side and the defense, in a wide range of technical fields including biotechnology, wireless communication and networking, computer architecture and hardware, software implementing a wide variety of functionality, navigation devices, encryption and cryptography, medical devices, automotive components, ceramic materials and metal alloys, and nuclear engineering. While most of his litigation occurs in federal court, he has tried royalty disputes in state court, and has tried patent cases in the International Trade Commission. His clients over the years have included major universities, U.S. governmental research laboratories, Fortune 50 companies, and independent inventors.

Online CLE TC Heartland

Eric OlavsonSenior AttorneyDunlap Bennett & Ludwig PLLC

Eric Olavson is an attorney with Dunlap Bennett & Ludwig’s Intellectual Property Litigation Group. He practices in the fields of intellectual property and complex commercial litigation. He has worked extensively on cases involving patent, trademark, and copyright claims. Within the last year, Mr. Olavson has been involved in at least six pre and post-TC Heartland venue disputes. Additionally, he has extensive experience in conducting venue-related discovery, including taking no less than seven venue depositions within the last year.

Mr. Olavson earned his J.D. from The George Washington University, and his bachelor’s degree from Brigham Young University. He is admitted to the bars of the District of Columbia, Virginia, Maryland, the Federal Circuit, the Eastern District of Texas, and the Eastern District of Virginia.

Online CLE TC Heartland

Course Level:
   Intermediate

Advance Preparation:
   Print and review course materials

Method Of Presentation:
   On-demand Webcast

Prerequisite:
   Basic Knowledge of Patent Law

Course Code:
   147431

NY Category of CLE Credit:
   Areas of Professional Practice

Total Credits:
    2.0 CLE

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About the Knowledge Group

The Knowledge Group

The Knowledge Group has been a leading global provider of Continuing Education (CLE, CPE) for over 13 Years. We produce over 450 LIVE webcasts annually and have a catalog of over 4,000 on-demand courses.

About the Knowledge Group

The Knowledge Group

The Knowledge Group has been a leading global provider of Continuing Education (CLE, CPE) for over 13 Years. We produce over 450 LIVE webcasts annually and have a catalog of over 4,000 on-demand courses.

Since its founding in Detroit in 1865, Reising Ethington has specialized solely in the practice of intellectual property (IP) law.  Areas of expertise include IP prosecution and litigation, managing worldwide patent and trademark portfolios, post-grant proceedings, trade secrets, and licensing and other IP-related agreements.  The firm represents some of the world’s most innovative and foremost IP owners, including automotive manufacturers and suppliers, medical technology companies, aerospace companies, universities, industrial equipment makers, robotics companies, and consumer product companies. 

Reising enjoys a rich history of partnership with many of its clients, including in the automotive industry where the firm worked to protect the ideas of automotive pioneers Ransom E. Olds, David Buick, and the Fisher Brothers.  Dating back several decades, attorneys at Reising have authored seven editions of the U.S. law school case book Patent Law Including Trade Secrets, published by West Academic Publishing.

Website: https://reising.co/

Jones Day is a global law firm with more than 2,500 lawyers in 43 offices across five continents. The Firm is distinguished by: a singular tradition of client service; the mutual commitment to, and the seamless collaboration of, a true partnership; formidable legal talent across multiple disciplines and jurisdictions; and shared professional values that focus on client needs.

Website: https://www.jonesday.com/

Since Smith, Gambrell & Russell began practicing law in 1893, we have pursued a vision of building one of the country’s premier full-service business firms. Today we serve corporate counsel and corporations across the globe from offices in Atlanta, Georgia; Austin, Texas; Jacksonville, Florida; London, UK; Los Angeles, California; Munich, Germany; New York, New York; Southampton, UK* and Washington, D.C. Our attorneys are focused in primary disciplines featuring more than 45 specialized practice areas. Our clients welcome guidance in specific areas of law and value attorneys who can deliver specialized levels of legal service within those areas. Our goal is to provide swift, expert and cost-effective legal support to our clients. With 120 years of experience practicing law across the globe, we have developed a practice designed to get your business done quickly and efficiently while assigning the right talent to give you the help you need. 

Website: https://www.sgrlaw.com/

Dunlap Bennett & Ludwig is an intellectual property law firm located in metropolitan Washington, DC.

Website: https://www.dbllawyers.com/

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