Paul V. Storm, intellectual property partner at Gardere, spoke with IPWatchdog to discuss how the Supreme Court’s decision in TC Heartland LLC v. Kraft Foods Group Brands LLC has impacted cases where an objection to venue is raised.
“It is likely that courts that have cases already on file will be flooded with motions to dismiss under TC Heartland,” Storm said. “There will be a significant degree of discretion on whether to find waiver or not depending on the facts of the case. How those courts will rule will be significantly influenced by an individual judge’s interest in having patent cases.”
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