Large Businesses Pleased With Supreme Court Ruling on Forum Shopping For Patent Lawsuits
Large Businesses Pleased With Supreme Court Ruling on Forum Shopping For Patent Lawsuits Jul 14, 2017 On May 22, 2017, the U.S. Supreme Court made a unanimous decision that is being hailed by large technology companies and other patent holders, who have arguably been victimized over the years by what are known as “patent trolls,” or smaller companies that purchase patents only in order to demand royalties and sue for damages (instead of using those patents, for example). This particular type of activity was significantly interfering with the ability for these businesses to effectively run their business models. Companies referred to as “patent troll” companies would allegedly target very specific courts in which to sue for damages—a practice known as forum shopping—because these remote federal courts had a reputation for friendliness towards plaintiffs, or the suing party. For example, more than 40 percent of all patent lawsuits were filed in federal court in East Texas, even though no major manufacturers are based there. As a result, one judge oversaw about a quarter of all patent cases filed nationwide. Determining Forum for Business Lawsuits Ultimately, the topic at issue in the case involved the important legal question of where a business can be sued (i.e. “where proper venue lies for patent infringement lawsuit brought against a domestic corporation”). In other words, can a business essentially be sued anywhere that they do business, or do patent suits have to be filed in the judicial district where the defendant resides? On this question, the U.S. Supreme Court pointed out that, according to precedent established by a 1957 U.S. Supreme Court case, a domestic corporation resides only in the state of its incorporation. Decision Will Reduce Costs of Defending Patent Litigation The decision will change the “litigation landscape” for patent suits moving forward. As some have pointed out, as a result of the decision, “forum shopping” is essentially over in these types of cases. The many patent cases previously (and purposely) filed in East Texas will now have to shift to other places, including Florida, and this will effectively reduce the overall costs of defending patent litigation for businesses. Companies are, for the most part, grateful for the decision, especially those based in Silicon Valley, as they were allegedly often targeted by patent owners who used the threat of litigation in order to extract royalties. Business & Corporate Law Attorneys Who Care At HD Law Partners, our Florida corporate attorneys possess the experience, legal knowledge and commitment necessary to help prevent potential problems before they occur for businesses. With over 40 years’ combined experience in representing a variety of business clients, we provide strong legal representation to ensure your company’s assets and best interests are protected. Contact us today to find out how we can help your company—we have offices in Orlando, Sarasota, and Tampa. Resources: nytimes.com/2017/05/22/business/supreme-court-patent-lawsuit.html supremecourt.gov/opinions/16pdf/16-341_8n59.pdf Tags: Patent Lawsuits, Tampa Business Lawyer, Tampa Business Lawyers Posted in Uncategorized | No Comments » Connect with us Archives May 2026 April 2026 March 2026 February 2026 January 2026 December 2025 November 2025 October 2025 September 2025 July 2025 June 2025 January 2025 January 2024 December 2023 November 2023 October 2023 September 2023 August 2023 July 2023 June 2023 May 2023 April 2023 March 2023 February 2023 January 2023 December 2022 November 2022 October 2022 September 2022 August 2022 July 2022 May 2022 April 2022 March 2022 November 2021 October 2021 September 2021 August 2021 July 2021 May 2021 April 2021 March 2021 February 2021 January 2021 December 2020 November 2020 October 2020 August 2020 July 2020 June 2020 May 2020 April 2020 March 2020 February 2020 January 2020 December 2019 November 2019 October 2019 September 2019 August 2019 July 2019 June 2019 May 2019 April 2019 March 2019 February 2019 January 2019 December 2018 November 2018 October 2018 September 2018 August 2018 July 2018 June 2018 May 2018 April 2018 March 2018 February 2018 January 2018 December 2017 November 2017 October 2017 September 2017 August 2017 July 2017 June 2017 May 2017 April 2017 March 2017 February 2017 January 2017 December 2016 November 2016 October 2016 November 13 Categories Alimony Appellate Arbitration Auto Accidents Auto Insurance Business Corporate Business Insurance Law Child Custody Child Support Criminal Law Divorce Family Law FEMA Insurance Payments Florida’s Mandatory 2‑Hour Legal Professionalism CLE: Foreclosure Defense Fort Myers Hurricane Insurance Attorney General Guardianship HD Law Partners Service HOA/Property Management Homeowners Association Homeowners Insurance Hurricane Claims Hurricane Insurance Insurance Bad Faith Insurance Claims Insurance Defense Insurance Litigation Landlord Tenant Law Enforcement Liability Loan Modifications Mold Water Damage Parental Rights Paternity Personal Injury Premises Liability Law Prenuptial Agreements Private Security Property Distribution Property Owner Law Sarasota Insurance Litigation Attorney Slip Fall Tampa Business and Corporate Attorneys tampa family attorney Tampa Insurance Attorneys Timeshare Timesharing Uncategorized HD Law Partners is proud to be your trusted full-service law firm Quick Links Property & Casualty Business & Corporate Litigation Family Law Contact Us Careers Get In Touch 2002 North Lois Avenue Suite 510 Tampa, FL 33607 813-253-5333 Contact Us