Two Years Later: TC Heartland’s Impact on Patent Litigation Explored
The 2017 Supreme Court decision in TC Heartland had immediate and widespread impact on the evolving patent litigation landscape, the ramifications of which continue to play out two years later. That decision upended the status quo, presenting new risks and opportunities for patent holders and accused infringers alike, and opening the door for the emergence of new venues-of-choice for litigants. But TC Heartland also left unanswered a number of questions about when, where, and against whom suit may be brought, many of which questions remain unresolved.
As TC Heartland continues to impact and influence litigation strategy, it is imperative that plaintiffs, defendants, and their counsel understand its ramifications, anticipate its risks and leverage its opportunities, and implement best practices in light of it.
In this LIVE Webcast, patent litigators Andrew Radsch (Ropes & Gray) and Jeffrey R. Colin (Greenberg Traurig) will provide the audience with an in-depth analysis of TC Heartland’s impact on the patent litigation landscape and on litigation strategy. As experts, they will also identify key issues and practical litigation tips and strategies whatever side of the “v” you are or may be on.
Some of the major topics that will be covered in this course are:
- What TC Heartland Did and Did not Do?
- Significant Trends and Developments in the Wake of TC Heartland
- Forward Looking Trends and Developments
- Unresolved Issues and Legal Considerations
- Practical Litigation Tips, Strategies, and Best Practices for Plaintiffs and Defendants
Ropes & Gray LLP
Greenberg Traurig, LLP
- Run through agenda for call
- Statute and Issues leading to TC Heartland
- TC Heartland
- In re Cray
- In re HTC
- Impact of TC Heartland
- TX/DE/CA – statistics on filings
- NPE activity not meaningfully curtailed
- No curtailment of forum shopping
- Significant Developments with Foreign Defendants and the Alien Venue Rule
- Calls for legislative changes (e.g., proposal from IPO)
- Splits in how Courts have treated infringement and Cray Factors
- Place of business
- Servers and data centers
- Internet cases
- Regular and established
- Of the defendant
- Server rooms
- Parent-Subsidiary/Corporate Family
- Other open issues
- Location of “acts of infringement”
- When facts are considered for determining existence of “regular and established place of business”
- What happens where there is multiple patents in suit and venue proper over only some asserted patents, or claims – pendant venue permissible?
- Interplay with contractual forum selection clause specifying an improper venue
- Summary - Practical Litigation Tips, and Strategies, and Best Practices for Plaintiffs and Defendants
Who Should Attend:
- Patent Lawyers
- Intellectual Property Lawyers
- In-house Counsel
Andrew Radsch is an experienced trial lawyer in Ropes & Gray’s intellectual property litigation group, where he represents clients in patent and trade secret litigation in jurisdictions across the country. He has experience across a spectrum of industries and technologies, including computer software and hardware, consumer electronics, wireless communications, semiconductor manufacturing, and medical devices. Andrew, a Super Lawyers Rising Star in IP Litigation, also works frequently with clients to develop and execute on offensive and defensive IP and licensing strategies.
Andrew Radsch is an experienced trial lawyer in Ropes & Gray’s intellectual property litigation group, where he represents clients in …
Jeffrey R. Colin concentrates his practice on complex patent litigation with a focus on pharmaceuticals, chemicals, biotechnology, biologics, medical devices, and consumer electronics. Jeffrey has experience litigating patent infringement cases arising under the Hatch-Waxman Act and pertaining to drugs for treating various diseases including benign prostatic hyperplasia, migraines, high triglycerides, acne, cold/flu, attention deficit hyperactivity disorder, irritable bowel syndrome, and hepatic encephalopathy, as well as cases concerning cellular technology and software.
Jeffrey has participated in all stages of litigation from pre-suit through appeal. Jeffrey has also provided general intellectual property counseling to clients, conducted due diligence analyses, and drafted freedom to operate opinions.
Jeffrey R. Colin concentrates his practice on complex patent litigation with a focus on pharmaceuticals, chemicals, biotechnology, biologics, medical devices, …
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Method of Presentation:
Experience in patent litigation
NY Category of CLE Credit:
Areas of Professional Practice
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About Ropes & Gray LLP
Ropes & Gray’s intellectual property group delivers results over a full range of IP services, from strategic counseling and litigation to licensing and transactions. Our group consists of more than 110 lawyers and technical advisors, many of whom hold advanced degrees in science and engineering disciplines. Our attorneys are regularly recognized for their legal acumen by Chambers, Managing IP, IAM, Legal 500, and other national and global publications. Notably, U.S. News & World Report - Best Lawyers recognized Ropes & Gray as its 2019 “Law Firm of the Year” for Patent Law.
About Greenberg Traurig, LLP
Greenberg Traurig, LLP (GT) has approximately 2,100 attorneys in 41 locations in the United States, Latin America, Europe, Asia, and the Middle East. GT has been recognized for its philanthropic giving, diversity, and innovation, and is consistently among the largest firms in the U.S. on the Law360 400 and among the Top 20 on the Am Law Global 100. Web: www.gtlaw.com Twitter: @GT_Law.