IP Academy 2017: Deep in the TC Heartland: Impact on Venue in 2017 through Cray and Beyond
Please join Paul Hastings’ Global Co-Chair of IP Yar Chaikovsky (Palo Alto) and partner Blair Jacobs (Washington, D.C.) in a CLE program discussing recent Post-TC Heartland developments and the implications the Supreme Court’s decision have had on the venue in the Eastern District of Texas and other jurisdictions that have a heavy docket of patent cases. We will also examine how different jurisdictions, including Chief Judge Stark in the District of Delaware, have interpreted the ruling. Finally, we will examine the Federal Circuit’s recent ruling in In re Cray, which overturned Chief Judge Rodney Gilstrap’s four-factor venue framework. We will discuss the “three general requirements” identified by the Federal Circuit that must all be satisfied in order to establish a “regular and established place of business” under 28 U.S.C. § 1400(b) in order to find the proper venue.