May 03, 2016
Authored and Edited by Elizabeth D. Ferrill; Lauren J. Dreyer, Aaron Gleaton Clay
In In re TC Heartland LLC, No. 2016-105 (Fed. Cir. Apr. 29, 2016), the Federal Circuit denied TC Heartland LLC’s petition for a writ of mandamus that would have directed the Delaware district court to dismiss or transfer the case based on lack of personal jurisdiction or improper venue.
The Court rejected the argument that Congress’s 2011 amendments to the general venue statute effectively overruled the Court’s precedent in VE Holding Corp. v. Johnson Gas Appliance Co., 917 F.2d 1574 (Fed. Cir. 1990). It held that when Congress changed the venue statute from “For the purposes of venue under this chapter” to “For all venue purposes,” it broadened the definition of corporate residence, not narrowed it. The Court also rejected Heartland’s argument that the Delaware district court lacked specific personal jurisdiction over Heartland, an Indiana company headquartered in Indiana. Instead, it held that its precedent in Beverly Hills Fan Co. v. Royal Sovereign Corp., 21 F.3d 1558 (Fed. Cir. 1994), applied because, as in that case, Heartland admittedly shipped orders of the accused products directly to Delaware. The Court also noted that Heartland did not dispute that the infringement claims arose out of or related to those shipments.
Copyright © 2016 Finnegan, Henderson, Farabow, Garrett & Dunner, LLP.
DISCLAIMER: Although we wish to hear from you, information exchanged in this blog cannot and does not create an attorney-client relationship. Please do not post any information that you consider to be personal or confidential. If you wish for Finnegan, Henderson, Farabow, Garrett & Dunner, LLP to consider representing you, in order to establish an attorney-client relationship you must first enter a written representation agreement with Finnegan. Contact us for additional information. One of our lawyers will be happy to discuss the possibility of representation with you. Additional disclaimer information.
June 10-12, 2024
San Francisco
Lecture
Patent Protection for Software-Related Inventions in Europe and the USA Training Course
June 5, 2024
Hybrid
Webinar
Obviousness of Biologics Inventions: Strategies for Biologics Claims in the U.S., Europe, and China
May 28,2024
Webinar
Due to international data regulations, we’ve updated our privacy policy. Click here to read our privacy policy in full.
We use cookies on this website to provide you with the best user experience. By accepting cookies, you agree to our use of cookies. Please note that if you opt not to accept or if you disable cookies, the “Your Finnegan” feature on this website will be disabled as well. For more information on how we use cookies, please see our Privacy Policy.
Finnegan is thrilled to announce the launch of our new blog, Ad Law Buzz, devoted solely to breaking news, developments, trends, and analysis in advertising law.