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Intellectual Property Litigators Author Bloomberg BNA Article on Supreme Court’s TC Heartland Patent Venue Decision

Practices: Intellectual Property Litigation, Patent Litigation

Ropes & Gray Intellectual property litigation counsel Matthew Rizzolo and associate Darlena Subashi authored a Sept. 29 article published by Bloomberg BNA’s Patent, Trademark & Copyright Journal that discusses district court rulings since the Supreme Court’s TC Heartland patent venue decision in May 2017.

The authors address how district courts now face the issue of whether the TC Heartland ruling is an “intervening change in the law.” If so, patent infringement defendants who previously had not raised a defense of improper court venue could possibly do so, even at a late point in the case. The authors note that district courts across America have split on the issue and await guidance from the U.S. Court of Appeals for the Federal Circuit.