Post TC Heartland Decision Calls Into Question Rule 12 Waiver Doctrine in Patent Cases

Jun 9, 2017

Reading Time : 1 min

The impact of TC Heartland and the opportunity for later-in-the-case venue challenges must be followed closely by parties in pending cases. In this case, Judge Nelson permitted further briefing on venue and went so far as to postpone Markman proceedings (originally set for September 7).

The procedural and substantive issues raised by the Supreme Court's decision will continue to play out in the coming weeks and months. There will certainly be more to follow.

The Valspar Corp., et al. v. PPG Industries, Inc., 0:16-cv-01429-SRN-SER (MNDC May 31, 2017, Order) (Nelson, USDJ)

Share This Insight

Categories

© 2024 Akin Gump Strauss Hauer & Feld LLP. All rights reserved. Attorney advertising. This document is distributed for informational use only; it does not constitute legal advice and should not be used as such. Prior results do not guarantee a similar outcome. Akin is the practicing name of Akin Gump LLP, a New York limited liability partnership authorized and regulated by the Solicitors Regulation Authority under number 267321. A list of the partners is available for inspection at Eighth Floor, Ten Bishops Square, London E1 6EG. For more information about Akin Gump LLP, Akin Gump Strauss Hauer & Feld LLP and other associated entities under which the Akin Gump network operates worldwide, please see our Legal Notices page.