Intellectual Property News
On May 14, 2018, the United States Court of Appeals for the Federal Circuit (“Federal Circuit”) issued its opinion in regard to the mandamus petition filed by ZTE. The Federal Circuit held that Federal Circuit law determines the propriety of venue under 28 U.S.C. §1400(b) and that when a motion challenging venue is filed by the Defendant in a patent case, the Plaintiff bears the burden of establishing proper venue.
On April 24, 2018, the Supreme Court of the United States (“Supreme Court”) held in Oil States Energy Services LLC v. Greene’s Energy Group, LLC, that an inter partes review (“IPR”) by the Patent Trial and Appeal Board (“PTAB”) does not violate Article III or the Seventh Amendment of the U.S. Constitution.
Our article on this case in the firm’s Fall Newsletter 2017 discussed the case’s procedural history and presented arguments from both sides