Daily Journal Quotes Bill Abrams on Venue Change Requests Ruling

November 16, 2017

The Daily Journal quoted Steptoe partner Bill Abrams in an article titled “US Appellate Court Says Patent Infringement Defendant Can Repeat Venue Change Request.” The article, published November 16, discusses how a 3-0 decision from the US Court of Appeals for the Federal Circuit could lead to a flood of requests for venue changes from defendants in patent infringement cases. The court ruled that new case law allows for the defendant in a major patent infringement lawsuit to ask again for a change in venue, answering a key question about the meaning of the US Supreme Court’s May decision in TC Heartland v. Kraft Food Group Brands.

Mr. Abrams, the managing partner of the firm’s San Francisco office, says the Federal Circuit’s decision likely will further discourage patent filing in locations such as the Eastern District of Texas, “where defendants would qualify for the TC Heartland venue release.”

“The Federal Circuit decision is important because it clarifies the application of the TC Heartland venue decision regarding motions to change venue filed after the decision, but also after the time to file a motion to change the venue has ordinarily lapsed. The trial courts have been split on that issue and there’s finally predictability and certainty,” Mr. Abrams says.

The full article can be read at the Daily Journal (subscription required).