Another Prediction About Patent Cases After TC Heartland: More Multidistrict Litigation

August 31, 2017

The U.S. Supreme Court’s decision in TC Heartland is sure to change where patent cases are litigated. The most popular predictions about how TC Heartland will affect patent litigation include: (1) an increase in cases filed in Delaware and the Northern District of California; (2) the shuttering of the Eastern District of Texas; and (3) a reduction in low-value patent litigation in general.

These predictions are sound, to be sure. But here is another prediction that has received less attention: The Supreme Court’s recent shake-up to venue law may lead to more patent cases centralized by the Multidistrict Litigation Panel.

Originally published in Bloomberg BNA’s Patent, Trademark & Copyright Journal.

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