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Intellectual Property Law

UIC Review of Intellectual Property Law

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Full-Text Articles in Civil Procedure

Federal Circuit’S Unconventionality Approach To Patent-Ineligibility Challenges In A Motion To Dismiss, 20 Uic Rev. Intell. Prop. L. 331 (2021), Ping-Hsun Chen Jan 2021

Federal Circuit’S Unconventionality Approach To Patent-Ineligibility Challenges In A Motion To Dismiss, 20 Uic Rev. Intell. Prop. L. 331 (2021), Ping-Hsun Chen

UIC Review of Intellectual Property Law

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Tc Heartland Llc V. Kraft Foods Group Brands And The Big Debate About East Texas: How A Delaware Case Leaves Patent Venue Unsettled And Presages As Applied Challenges To The Constitutionality Of Narrow Venue Interpretations, 17 J. Marshall Rev. Intell. Prop. L. 232 (2017), Jesse Snyder Jan 2017

Tc Heartland Llc V. Kraft Foods Group Brands And The Big Debate About East Texas: How A Delaware Case Leaves Patent Venue Unsettled And Presages As Applied Challenges To The Constitutionality Of Narrow Venue Interpretations, 17 J. Marshall Rev. Intell. Prop. L. 232 (2017), Jesse Snyder

UIC Review of Intellectual Property Law

Lack of sanguinity for patent holders was manifest after the Supreme Court’s May 22, 2017, opinion in TC Heartland LLC v. Kraft Foods Group Brands LLC. Yet whether TC Heartland—a case from the U.S. District Court for the District of Delaware—represents a fait accompli against forum shopping remains debatable. Writing for the Court in a unanimous opinion, Justice Clarence Thomas rejected the U.S. Court of Appeals for the Federal Circuit’s interpretation that an intervening amendment to the general venue statute broadened the scope of venue for patent cases. The patent venue statute, 28 U.S.C. § 1400(b), provides that “[a]ny civil …