Following the U.S. Supreme Court's decision in TC Heartland v. Kraft Foods, some lawmakers are looking to Congress to amend the law governing where patent suits can be filed. The Supreme Court's decision overturned rules that had given patent owners flexibility to select where to sue infringers. Law360 contacted Finnegan attorney Doris J. Hines for her thoughts on the decision.
Hines said, "If Congress feels the high court’s new standard is slanted too far in favor of accused infringers and unfairly prevents patent owners from selecting where to file suit, giving some weight to the plaintiff’s location could offer a corrective." She noted that the provisions in last year’s bill "were a little bit more balanced, and gave more options to the party looking to file suit. It’s possible that these things could get picked up again."
Supreme Court of the United States (SCOTUS), TC Heartland LLC v. Kraft Foods Group Brands LLC, patent venue
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