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The Supreme Court’s decision in TC Heartland LLC v. Kraft Foods Group Brands LLC changed the longstanding precedent for establishing patent venue. Notably, the Court in TC Heartland rejected the more liberal Federal Circuit standard whereby venue is proper in a patent infringement suit in any judicial district where the defendant is subject to personal jurisdiction (effectively, anywhere a defendant made sales). Instead, the Court established a more restrictive framework wherein a domestic corporation “resides’ only in its state of incorporation.
The TC Heartland decision has had a clear impact on patent practice, with a measurable shift in where patent cases are being brought. What does this mean for patent holders looking to enforce their patents?
Please join us for a thought-provoking panel discussion as our expert panel discuss the nuances of the venue law, the practical applications, and effective strategies for establishing venue in light of the new, more restrictive, framework.
PRESENTERS:
Nirav N. Desai, Director, Sterne, Kessler, Goldstein and Fox
Mr. Desai is a director in the Litigation and Electronics Groups at Sterne, Kessler, Goldstein, and Fox. He focuses on patent litigation and general intellectual property strategy. He has been involved in various matters before district and appellate courts, as well as the International Trade Commission in Section 337 actions. Mr. Desai has experience with a wide range of technologies in all phases of litigation. Mr. Desai also has experience counseling clients in intellectual property strategy, including patent portfolio development and analysis, licensing, infringement, validity, and freedom to operate opinions, and preparation and prosecution of patent applications.
Mr. Desai earned his undergraduate degree in Computer Science from the University of Virginia School of Engineering and Applied Sciences, and obtained a J.D. from the William and Mary School of Law.
Prior to attending law school, Mr. Desai worked for Noblis, Inc. (formerly Mitretek Systems) as a senior technical lead in their Center for Criminal Justice Technology. While at Noblis, Inc. Mr. Desai served as a software engineer and systems analyst in the area of biometric information systems.
Dennies Varughese, Director, Sterne, Kessler, Goldstein and Fox
Dennies Varughese, Pharm.D., a director in Sterne Kessler’s Litigation Group, is a proven trial advocate and globally-recognized strategic advisor to pharmaceutical clients. Dennies specializes in patent litigation under the Hatch-Waxman Act, but he has also handled many cases involving a wide range of other industries, including biopharmaceuticals, chemicals, medical devices, diagnostics, telecommunications, and electronics.
Dennies has been lead counsel on numerous high-stakes patent disputes in district and appellate courts, as well as before the Patent Trial and Appeal Board (PTAB) involving various blockbuster pharmaceuticals. Dennies, a frequent lecturer and author, is a highly-respected thought leader on Paragraph IV disputes, and is sought after by generic and brand companies alike for strategic advice on FDA regulatory and early commercialization strategies.
Prior to his legal career, Dennies completed a post-doctoral fellowship at Bristol-Myers Squibb Co., worked within GlaxoSmithKline’s Medical Affairs division, and served as an adjunct professor of pharmacy at Rutgers University. He was also a licensed pharmacist in Pennsylvania. Dennies obtained his J.D. from Temple Law School, and his Pharm D. from University of the Sciences in Philadelphia.
Krishan Thakker, Associate, Sterne, Kessler, Goldstein and Fox
Mr. Thakker is an associate in Sterne Kessler’s Litigation Group. He focuses on general intellectual property enforcement and patent infringement/defense, with a special emphasis on risk mitigation strategies such as insurance coverage and indemnification. Mr. Thakker represents clients in matters before several federal district and state courts, in post-grant review proceedings at the Patent Trial and Appeal Board, as well as in domestic and international arbitrations and mediations. He has experience in both pre-action investigations and the major phases of litigation and post-grant review proceedings. Mr. Thakker also has experience counseling clients in intellectual property strategy, including licensing over copyrights, trademarks and patents, as well as infringement, validity, and freedom to operate opinions.
Prior to joining Sterne Kessler, Mr. Thakker was an associate in the New York office of an international general practice firm, where his practice focused on first-party business interruption and property damage insurance recovery, complex commercial, civil and soft/hard IP litigation, international arbitration and cross-border disputes.
Mr. Thakker graduated as a Harlan Fiske Stone Scholar, from the Anglo-American Joint LL.B./J.D. Degree Program between King's College London and Columbia Law School, with a concentration in international and transatlantic dispute resolution.
Lunch will be provided for those that RSVP.
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