Intellectual property litigation counsel Matt Rizzolo (Washington, D.C.) was quoted in Nov. 15 articles published in Reuters, The National Law Journal, Law360, Bloomberg BNA’s Patent, Trademark & Copyright Journal and Bloomberg BNA’s Big Law Business examining the Federal Circuit’s decision in In re: Micron Technology Inc., which addressed a patent infringement lawsuit venue issue that has divided district court judges since the U.S. Supreme Court’s landmark TC Heartland decision in May 2017.
Mr. Rizzolo explains that the Federal Circuit ruling on the question of whether the Supreme Court’s TC Heartland decision constituted “an intervening change in the law” could impact dozens, if not hundreds, of pending patent infringement cases.
He notes that this decision is likely to spawn further litigation on subfactors, such as what factors are appropriate to weigh in deciding whether a defendant waived its right to challenge venue, and whether regional circuit or Federal Circuit law governs some of these questions.
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