The Good, the Bad, and the Ugly: Patent Litigation Forum Selection in the Wake of TC Heartland (Live MBHB Webinar)

Forum selection just got more complicated after the Supreme Court’s decision in TC Heartland LLC v. Kraft Foods Group Brands LLC. The district courts vary both in their willingness to resolve §101 issues and other substantive case-dispositive issues on motions to dismiss, and the applicability and scope of Local Patent Rules mandating early disclosures. MBHB attorneys Grant Drutchas and Aaron Gin, Ph.D. examine the differences between the courts on these issues and provide insight as to how plaintiffs and defendants can leverage such differences when selecting a forum or deciding whether to raise a forum challenge.

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  How does TC Heartland constrain a plaintiff’s filing options?
  
  
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  What effect does TC Heartland have on cases involving multiple defendants, declaratory judgment actions, and cases where an earlier venue challenge was not raised?
  
  
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  What are the differences between the primary district court options on substantive issues and potential motions to dismiss?
  
  
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  How do Local Patent Rules (or the lack thereof) and a possible stay pending Inter Partes Review affect litigation strategy