Legal Groups Back Patent Venue Rule Changes At High Court

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Publish Date:
February 8, 2017
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Law360
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Summary

TC Heartland LLC continues to draw a wide base of support as its asks the U.S. Supreme Court to put restrictions on where patent lawsuits can be filed, with various legal experts and activist groups expressing concern about a concentration of patent cases in a few select districts.

Prominent bar associations, including the American Bar Association, and a group of 61 law school professors filed amicus briefs over the past week with the Supreme Court in support of TC Heartland, an Indiana liquid sweetener company that was sued by Kraft Foods Group Brands LLC in Delaware.

“The Federal Circuit’s dubious interpretation of the statute plays an outsized and detrimental role, both legally and economically, in the patent system,” said the group, which was led by Stanford Law School’s Mark Lemley.

The ABA is represented by Linda A. Klein, Philip C. Swain, Walter M. Egbert III, Marco J. Quina, Emma S. Winer, R. Parrish Freeman and L. Rex Sears. The AILPA is represented by Mark L. Whitaker and by Meredith Martin Addy of Tabet DiVito & Rothstein LLC. The law professors are represented by Mark A. Lemley. EFF and Public Knowledge are represented by Vera Ranieri and Charles Duan, respectively. Orange County Intellectual Property Law Association is represented by William J. Brown Jr. and Matthew K. Wegner of Brown Wegner McNamara LLP. Unified Patents is represented by Kevin Jakel, Jonathan Stroud and Shawn Ambwani; and by Scott A. McKeown and Jeffrey I. Frey of Oblon McClelland Maier & Neustadt LLP.

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