[Fredslist] Discussion for Gotham Attorneys

Wed May 24 10:16:52 EDT 2017

Tessa (and the rest of Gotham interested in this - patent infringement venue
is narrower than venue for other federal lawsuits),

I disagree with the conclusion that this is bad for smaller defendants.  On
one hand, this decision does remove the "rocket docket" of places like the
Eastern District of Texas and the District of Delaware.  But if a defendant
does not have a place of business in those districts, then I do not see the
harm of needing to file a patent infringement lawsuit in a district where a
defendant is doing business or may have a couple sales.

I just drafted a blog post on the topic:

http://vernalaw.com/important-patent-litigation-decision-from-the-supreme-co
urt/

Where I have an issue is that the Supreme Court had facts in which the
defendant in this case is doing business in a rocket-docket district and
decided to take up this particular forum-shopping issue.  In reviewing the
facts of this case, the defendant should have been expected to be sued in
the District of Delaware for having sales in that particular district and a
place of business in that district.  However, the Supreme Court ruled it
wasn't proper venue.  It's a narrowing of venue - so in a patent
infringement suit, a defendant shouldn't be expected to be pulled into a
rocket-docket forum, it should be in its home district.  And being sued in
one's home district isn't so bad.

Anthony M. Verna III, Esq.

Verna Law, P.C.

80 Theodore Fremd Dr.

Rye, NY 10580

Phone:  914-908-6757

NJ Satellite Office:

45 N. Broad St.

Ridgewood, NJ 07540

 <mailto:anthony at vernalaw.com> anthony at vernalaw.com 

 <http://vernalaw.com/> http://vernalaw.com

 <http://facebook.com/anthonyvernalaw> http://facebook.com/anthonyvernalaw

 <http://twitter.com/avernalaw> http://twitter.com/avernalaw

 <https://www.linkedin.com/in/anthonyverna>
https://www.linkedin.com/in/anthonyverna 

From: Fredslist [mailto:fredslist-bounces at gothamnetworking.com] On Behalf Of
Tessa Marquis
Sent: Tuesday, May 23, 2017 1:11 PM
To: fredslist at gothamnetworking.com
Subject: [Fredslist] Discussion for Gotham Attorneys

<http://www.ien.com/product-development/news/20862276/seismic-decision-in-pa
tent-case?utm_medium=email&utm_source=Engineeering%20News%20Today%2005232017
&utm_term=11902&email=nsi at newstandardinstitute.com> 'Seismic Decision' in
Patent Case

http://www.ien.com/product-development/news/20862276/seismic-decision-in-pat
ent-case?utm_medium=email
<http://www.ien.com/product-development/news/20862276/seismic-decision-in-pa
tent-case?utm_medium=email&utm_source=Engineeering%20News%20Today%2005232017
&utm_term=11902&email=nsi at newstandardinstitute.com>
&utm_source=Engineeering%20News%20Today%2005232017&utm_term=11902&email=nsi@
newstandardinstitute.com

This is from Industrial Equipment News. 

I am not an attorney, and I *am* a so-so reader but this seems fraught to
me.

Isn't this unfair to the "underdog"?

As a precedent, does this effect lawsuits of other types? Contracts with
clients or vendors in states where a company like mine is not incorporated?
Copyright infringement?

Willing to learn, I remain, "Curious in Connecticut"

aka

Tessa Marquid - Gotham New Haven

========================== 

Tessa Marquis
Project Coordinator
New Standard Institute, Inc.

 <mailto:tmarquis at newstandardinstitute.com>
tmarquis at newstandardinstitute.com

203.783.1582 x 101

Specializing in Electrical & Mechanical Skills and 
Maintenance Management training.

"Training that Works.for People who Work"
84 Broad Street  |  Milford, CT 06460  |  USA

-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://www.gothamnetworking.com/pipermail/fredslist/attachments/20170524/2cf99f2d/attachment.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image002.jpg
Type: image/jpeg
Size: 4563 bytes
Desc: not available
URL: <http://www.gothamnetworking.com/pipermail/fredslist/attachments/20170524/2cf99f2d/attachment.jpg>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image003.gif
Type: image/gif
Size: 1107 bytes
Desc: not available
URL: <http://www.gothamnetworking.com/pipermail/fredslist/attachments/20170524/2cf99f2d/attachment.gif>