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Patent Landscape Readjusts One Year After TC Heartland

May 25, 2018

Fenwick patent litigation partner Bryan Kohm was quoted in a Law360 story titled “Patent Landscape Readjusts One Year After TC Heartland.”

Law360 reported that the Eastern District of Texas has seen a significant decline in the number of patent cases since the landmark 2017 U.S. Supreme Court TC Heartland ruling, while Delaware and other venues saw more action.

Kohm told Law360 that while patent cases in the Eastern District of Texas will not disappear, he anticipates a continuing decline based on the Federal Circuit’s narrow interpretation of the venue statute since TC Heartland.

“As the Federal Circuit’s decisions regarding venue continue, companies will test the boundaries less and less in the Eastern District of Texas, which will result in fewer cases being filed there,” he noted.

For more information, Kohm co-authored publications looking at the impact of the Federal Circuit’s opinion in In re BigCommerce and in In re Cray Inc.

The full article is available on Law360 (subscription required).​​​​​