Slashdot Mirror
The Supreme Court Is Cracking Down on Patent Trolls (fortune.com)
The Supreme Court on Monday limited the ability of patent holders to bring infringement lawsuits in courts that have plaintiff friendly reputations, a notable decision that could provide a boost to companies that defend against patent claims. The high court, in an opinion by Justice Clarence Thomas, ruled unanimously that a lower court has been following an incorrect legal standard for almost 30 years that made it possible for patent holders to sue companies in almost any U.S. jurisdiction. From a report: The justices sided 8-0 (PDF) with beverage flavoring company TC Heartland in its legal battle with food and beverage company Kraft Heinz, ruling that patent infringement suits can be filed only in courts located in the jurisdiction where the targeted company is incorporated. Justice Neil Gorsuch did not participate in the decision. The decision overturned a ruling last year by the U.S. Court of Appeals for the Federal Circuit, a Washington-based patent court, that said patent suits are fair game anywhere a defendant company's products are sold.
The decision overturned a ruling last year by the U.S. Court of Appeals for the Federal Circuit, a Washington-based patent court, that said patent suits are fair game anywhere a defendant company's products are sold.
Are they going to actually hand down a ruling that overturns prior decisions of the lower court?
I believe the answer is yes.
Delaware is already a sizeable patent district -- e.g., most pharmaceutical patent cases are filed there, and they had ~10% of all cases filed last year.
Problem is they're not staffed for this kind of additional volume -- they only had three judges to start with, and then Judge Robinson took senior status this spring. With this sort of flood now looming, it's not clear who's going to want to sign up to replace her.