The Best Defense: Recent Trends in the Use of Motions to Dismiss and Venue Challenges as an Effective Counterpunch [Taft IP Webinar Series]

Join Thomas Bejin of Taft to learn about recent trends regarding motions to dismiss and venue challenges in patent infringement cases. Tom will discuss considerations for successful jurisdiction and venue challenges. Discussion of jurisdiction challenges will touch on recent case law relating to standing, as well as trends with domestic industry before the U.S. International Trade Commission, where many patent disputes are resolved. The venue discussion will also address recent case law addressing venue challenges under the Federal Circuit’s TC Heartland decision and recent jurisprudence under 28 U.S.C. § 1404. Tom will discuss tactical considerations of filing such motions to facilitate success.

UPDATE: On March 5, 2025 the Federal Circuit issued its decision in Lashify v. ITC. The ruling represents a significant change in standing at the ITC relating to domestic industry requirements. Tom will spend added time during this program discussing this decision and how it impacts future strategic decisions when bringing or defending an action before the ITC.

Watch the video below:

Topics discussed during this program include:

• Recent case law relating to standing – 2:59.
• Trends with domestic industry before the U.S. International Trade Commission – 10:39.
• Case law addressing venue challenges under the Federal Circuit’s TC Heartland decision – 15:32.
• Recent jurisprudence under 28 U.S.C. § 1404 – 17:00.
• Tactical considerations of filing such motions to facilitate success – 33:50.

For a copy of the slide deck, please email the presenter directly.

Please note that CLE cannot be earned for watching this recording.

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