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In re TS Tech USA Corp.: Curtailing the 'Rocket Docket'
Due to its so-called “rocket docket,” many patent litigants select the Eastern District of Texas when filing a lawsuit or a declaratory action. However, the Federal Circuit's recent decision in In re TS Tech, 551 F.3d 1315 (Fed. Cir. 2008) may substantially curtail this practice. After In re TS Tech, there is a greater chance that defendants in the Fifth Circuit can succeed in transferring the case to a more convenient venue based on the location of the witnesses or the evidence, or if any local or state issues are raised. Thus, future plaintiffs seeking to ride the rocket docket will now have to weigh this strategy against the increased risk of landing in a jurisdiction more favorable to the defendant.
Fifth Circuit Case Law: Volkswagen II
In deciding In re TS Tech, the Federal Circuit applied the laws of the Fifth Circuit. Of particular import was the Fifth Circuit's opinion in In re Volkswagen, 545 F.3d 304 (5th Cir. 2008) (“VW II”) dealing with the issue of change of venue. In VW II, a writ of mandamus was issued directing the Eastern District of Texas to transfer the venue to a different district court because the party had no other adequate means to attain the relief desired.
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Yachts, Jets, Horses & Hooch: Specialized Commercial Leasing Models
Defining commercial real estate asset class is essentially a property explaining how it identifies — not necessarily what its original intention was or what others think it ought to be. This article discusses, from a general issue-spot and contextual analysis perspective, how lawyers ought to think about specialized leasing formats and the regulatory backdrops that may inform what the documentation needs to contain for compliance purposes.
Hyperlinked Documents: The Latest e-Discovery Challenge
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Risks and Ad Fraud Protection In Digital Advertising
The ever-evolving digital marketing landscape, coupled with the industry-wide adoption of programmatic advertising, poses a significant threat to the effectiveness and integrity of digital advertising campaigns. This article explores various risks to digital advertising from pixel stuffing and ad stacking to domain spoofing and bots. It will also explore what should be done to ensure ad fraud protection and improve effectiveness.
Turning Business Development Plans Into Reality
This article offers practical insights and best practices to navigate the path from roadmap to rainmaking, ensuring your business development efforts are not just sporadic bursts of activity, but an integrated part of your daily success.