Spencer Fane attorney DJ Healey joined four other intellectual property thought leaders in discussing the current state of patent litigation for the recent IAM article, Five U.S. Litigation Trends to Be Grateful for This Thanksgiving.
In her conversation with IAM reporter Nisha Shetty, DJ highlighted three approaches the Federal Circuit and United States Patent and Trademark Office have taken in the past year that benefit the legal IP landscape. Among these approaches is the Federal Circuit’s shift toward denying requests to transfer civil actions to other districts.
“I am thankful that this year the Federal Circuit has carved back on its mandamus practice on 1404(a) transfers. So far, the Federal Circuit has only issued opinions in four mandamus cases – three were denied,” DJ said. “This gives litigants greater certainty in dealing with venue and hopefully results in fewer petitions, and less delay and waste. The fact that all three of the denials were against litigants who challenge venue as a regular litigation tactic helps to discourage them and others from filing motions to transfer as a matter of course when sued away from their headquarters.”
At Spencer Fane, DJ harnesses over 30 years of experience in planning and executing enforcement strategies and counterstrategies in federal and state courts, the ITC, the FTC, European courts, and the European Commission. Recognized by the industry as one of the preeminent intellectual property litigators in the United States, DJ helps plaintiffs enforce their patents, protect their trade secrets, defend their copyrights, and deal with overreach through antitrust and other business torts.
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