Tuesday, March 28, 2017

Supreme Court could outrun Federal Circuit on patent trolls' forum shopping

Robert Barnes of the Washington Post is reporting on the Supreme Court’s consideration of the practice of forum shopping by patent trolls, as in this story March 27

Many cases wind up a federal court in Marshall, Texas (east of Dallas), or in Delaware, both jurisdictions favorable to plaintiffs, because of Federal Circuit rules that allow filing of suits against plaintiffs that have any business at all in any circuit, which Congress may not have intended.

 Defendants claim that they must be filed in an area where there is a preponderance of business.

I’m not aware that this affects trademark or domain names.  If it did, since any resident of Marshall could access any domain online, it could matter.

I recently saw a woman on the DC Metro carrying a bag that had lettering to the effect of "Federal Circuit Court of Appeals of the District of Columbia" over near Judiciary Square.

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