SoCal IP Law Institute MCLE meeting of December 12, 2022 – Two New Patent Venue Cases
Please join us on Monday, December 12, 2022, at 12:00 p.m. where we will discuss a pair of venue decisions bearing on patent practice:
In re Monolithic Power Sys., 50 F.4th 157 (Fed. Cir. 2022) (here) – Monolithic sought to transfer out of the Western District of Texas based on improper venue. When the motion to transfer was denied, Monolithic sought a writ of mandamus from the Federal Circuit. The Federal Circuit considered whether remote workers constitute a “regular and established place of business,” for venue under 28 U.S.C. § 1400(b). The Federal Circuit denied the petition. Will Monolithic’s petition for en banc rehearing (here) fare better?
In re Planned Parenthood Fed’n of Am., Inc., 52 F.4th 625 (5th Cir. 2022) (here) –Planned Parenthood sought a writ of mandamus to have the case transferred to a more convenient venue under 28 U.S.C § 1404(a). The Fifth Circuit denied the petition. How will the Federal Circuit interpret the Fifth Circuit’s convenient venue jurisprudence in light of this decision?
Chris Dugger, of counsel to SoCalIP, will lead the discussion.