It's been a few years since the Supreme Court in TC Heartland decided that Texarkana was not the center of the patent universe. Since then, courts around the country have scrambled to adopt local patent rules anticipating future litigation. In some states, one district has adopted rules from a neighboring jurisdiction, while its counterpart district has adopted rules from the other side of the country. Consequently, one region may present a hodgepodge of procedural rules that impact patent strategies. One such example is claim construction, where some courts allow for claim construction arguments prior to § 101 rulings, while others encourage the opposite. This presentation surveys procedural trends and provides recommendations on venue strategies.
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This program will be filed for Tennessee CLE credit. Please email a request to email@example.com for Georgia and Mississippi CLE credit.