Klarquist Files Amici Brief in Supreme Court on Patent Venue Law

Published October 14, 2016

Klarquist recently filed an amici brief on behalf of four of the country’s most prominent financial services member organizations in support of a certiorari petition seeking Supreme Court review of patent venue law. The companies are asking the Supreme Court to follow its longstanding precedent limiting where patent suits may be filed and reject the Federal Circuit’s contrary, permissive interpretation. They argue that the Supreme Court’s interpretation of the patent venue statute advances core public policies of the patent system.

The Federal Circuit’s contrary, permissive approach has led to an explosion of filings in the Eastern District of Texas, where cases are far less likely to be stayed pending Patent Office review proceedings and far less likely to lead to invalidation of improperly granted patents. More than 40% of patent lawsuits today are filed in the Eastern District of Texas. This undermines core policies of the patent statute, including strict scrutiny of government granted monopolies.

The case is TC Heartland LLC d/b/a Heartland Food Products Group v. Kraft Food Groups Brand LLC. The four amici are American Bankers Association, The Clearing House, Financial Services Roundtable and Consumer Bankers Association. They are represented by Klaus H. Hamm and John D. Vandenberg.

Link to the Brief.