Chicago’s Michael Gaertner, a Partner in the Firm’s IP Pharmaceutical Practice Group, commented on the significance of the decision in TC Heartland v. Kraft Foods. In a unanimous decision, the U.S. Supreme Court reversed an old ruling that had allowed patent infringement suits to be filed in any federal jurisdiction.
Gaertner stated: “In the main, this decision is a blow to patent holders, who will no longer have broad latitude to bring suit in their preferred forum. In addition, the decision will confound a plaintiff’s effort to sue multiple defendants in the same forum. At the same time, in industries where there is an incentive to speed the outcome of patent litigation, the decision may lead to delay if patent holders seek to consolidate multiple actions into an MDL and to an increased risk of inconsistent decisions if multiple suits over the same patents proceed in several different forums.”
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