NPEs & Forum Shopping: The Supreme Court hears In re TC Heartland

This Blog Was Published Prior To The Supreme Court’s Decision. It Highlighted Errors in The Federal Circuit Precedent and Accurately Predicted The Supreme Court’s Final Decision.

Executive Summary: During the March 2017 session, the Supreme Court heard oral arguments concerning the Federal Circuit’s decision in In re TC Heartland. In that case, the Federal Circuit affirmed its own twenty-five year old precedent that has enabled non-practicing entities (“NPEs”) to readily litigate in patent friendly jurisdictions, such as the Eastern District of Texas and the District of Delaware. Continue reading “NPEs & Forum Shopping: The Supreme Court hears In re TC Heartland”

Cost Shifting: Amendments to Rule 26(b)

Executive Summary: The rule that defines the scope of discovery was amended on December 1, 2015.  The scope of discovery still turns broadly on relevance.  However, the amended provision now requires that requested discovery be “proportional to the needs of the case.”  This can be especially helpful in curbing discovery abuse in NPE cases.  One expressly enumerated factor for assessing proportionality is Continue reading “Cost Shifting: Amendments to Rule 26(b)”