Venue in Patent Litigation: New Strategies After Genentech and TS Tech USA

Description

In recent years, defense motions to transfer venue in patent infringement cases from the Eastern District of Texas to other districts have surged. Two recent Federal Circuit decisions — In re Genentech and In re TS Tech USA Corp. — may prompt additional requests.

Plaintiffs’ counsel have responded to the upswing in motions to transfer by selecting more geographically diverse defendants, suing smaller Texas companies as co-defendants of larger defendants, and splitting cases to provide for multiple cases in a single jurisdiction.

Venue plays a critical role in the outcome of patent litigation. In every patent litigation case, plaintiff and defense counsel must take a fresh look at what forum is perceived to be most favorable to their client and whether a transfer of venue is possible in light of the new case law.

Listen as a panel of patent litigators explains the latest court decisions on patent venue, discusses the developing venue standards in patent litigation, and outlines best practices for pursuing and defending motions to transfer venue.

Outline

1. New case law and its aftermath
   1. 28 U.S.C. § 1404(a)
   2. In re Genentech Inc. (Fed. Cir. May 22, 2009)
   3. In re TS Tech USA Corp. (Fed. Cir. Dec. 29, 2008)
   4. Venue issues and declaratory judgments
2. Factors impacting selection of venue
   1. Perceived biases for or against a particular party or class of parties
   2. Speed to disposition
   3. Winning percentages for parties
   4. Percentage of transfers out
   5. Local patent rules in a particular district
   6. Court’s experience in handling patent cases
   7. Likelihood of summary judgment being granted
3. Best practices for pursuing and defending motions to transfer venue
   1. Plaintiffs’ strategies
   2. Defense strategies
4. Patent reform and venue

Benefits

The panel will review these and other key questions:

• What factors should plaintiff and defense counsel consider in selecting a venue for a patent infringement action — whether by original selection of venue or motion to transfer venue?
• How will the recent decisions in In re Genentech and In re TS Tech USA Corp. impact where plaintiffs file cases and whether defendants request a transfer of venue?
• What strategies have been effective for patent litigators when pursuing or defending motions to transfer venue?

CLE Credit

Strafford's live seminars qualify for CLE in every state that accredits webinars. They offer you a high quality, cost effective, and convenient CLE option, with no lost travel time or expenses.

More Details>