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ARTICLE · 17 AUGUST 2017

Key SCOTUS Decisions In Tech – First Half 2017

Despite being short one justice for much of the year, the U.S. Supreme Court handed down multiple significant decisions this past term that can unsettle long-standing legal understandings...

United StatesIntellectual Property

Despite being short one justice for much of the year, the U.S. Supreme Court handed down multiple significant decisions this past term that can unsettle long-standing legal understandings in multiple technology fields. These rulings have involved everything from class actions to patents, trademarks and copyrights to the First Amendment. Fenwick's litigation group convened a working group to track these developments and unpack their potential impact on how tech and life sciences companies operate and do business.

The Supreme Court continued its streak of overturning established Federal Circuit law and overruled every patent decision that the Federal Circuit made. This included the Supreme Court's landmark ruling in TC Heartland that patent infringement lawsuits must be brought in the state where the defendant company is incorporated, which may effectively shut down lawsuits brought by non-practicing entities in the Eastern District of Texas.

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