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The Supreme Court hears a patent case today that could significantly change the way legal patent battles take place.
Depending on the outcome, the result could be barricades for so-called patent trolls.
But all that’s water under the IP PR bridge, and if everyone has to go back to more predictable legal patent duels, so be it.
If the court rules against venue shopping, the trolls’ business model would be greatly undercut.
One reason venue shopping has been popular is because of so-called patent trolls.
Supreme Court Considers Why Patent Trolls Love Texas
That decision said defendants in patent cases, as in other cases, may be sued essentially anywhere they do business.
The 1957 decision interpreted a federal law about where patent suits may be filed.
On Monday, Justice Elena Kagan noted a curiosity about the 1990 decision: It was at odds with a 1957 Supreme Court precedent.
Advertisement Continue reading the main storyThe argument was almost over before the justices discussed the question of forum shopping at length.
Advertisement Continue reading the main storyThe patent law has not changed, but a more general one on where suits may be brought has gone through amendments.
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Yet, they sound reluctant to overrule a 1990 decision that led to a crush of filings in the Eastern District of Texas.
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The justices have shown no great deference to the Federal Circuit in recent years.
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