Law360 sought commentary from Erise IP’s Adam Seitz following the U.S. Supreme Court’s May 22 ruling on the TC Heartland LLC and Kraft Foods Brands Group LLC case.
The Law360 article “Nuisance Patent Suits Could Decline After TC Heartland,” stated:
One way around the restrictive venue rules could be to target different entities down the distribution chain. For example, instead of suing a supplier, they might go after retailers that have an established place of business, either in East Texas or another preferred forum.
“I think you’re going to see a lot of creativity for trying to establish these ‘regular and established’ places of business,” Adam Seitz of EriseIP said.
There also remains some uncertainty about venue rules for foreign companies. The Supreme Court was careful to note in its ruling that its decision applied only to domestic corporations.
Seitz said there might also be “attempts to try and get the foreign entities for most of these big companies into the Eastern District of Texas or other venues because foreign companies are clearly excluded under the ruling.”
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