The Costs and the Consequences of Determining Venue Post-TC Heartland

April 29, 2019 1:00pm

Richard J. Berman
Arent Fox LLP (Washington, DC)

Gregory A. Morris
Honigman LLP (Chicago, IL)

Lars Taavola
Senior Patent Counsel – Global IP, Head of Patent Litigation
Amneal Pharmaceuticals

At the time of this conference it will be nearly two years since the Supreme Court issued its ground-breaking decision on venue and jurisdiction in TC Heartland. However, confusion remains as to how the district courts and litigants should interpret the meaning of “where the defendant has committed acts of infringement and has a regular and established place of business.” As such, many district courts are allowing limited discovery to find the right place to file suit. This panel will explore the benefits, costs and consequences of this remaining and unsettled question.  
  • Knowing when to seek discovery related to venue and jurisdiction in order to defeat a motion to dismiss based on improper venue under TC Heartland
  • Assessing the impact of TC Heartland on litigation costs for both plaintiffs and defendants relative to additional venue discovery