Phillip Philbin in Law360: In This Patent Hotspot, Bow Ties Mean Business


For the tiny state of Delaware, being the center of the business law universe is business as usual.

It’s a place where corporations outnumber people, mighty enterprises rise and fall during an afternoon in the bankruptcy court, and business litigation is as routine as a traffic ticket protest. In Wilmington, its largest city, courthouses play host to big-business power struggles on a daily basis, but without signage it would be impossible to tell them apart from the ordinary office buildings next door...

Soon, the state’s corporate cachet may get yet another boost. Already the second-most popular venue for patent litigation, a case before the U.S. Supreme Court could make it No. 1, knocking the Eastern District of Texas from the perch it has cultivated for years.

In TC Heartland v. Kraft, the court is considering restricting the venue for patent lawsuits to where a company is incorporated or has an established place of business, rather than where the defendant makes sales...

“In Delaware, the corporation as an entity is viewed as a good thing,” said Phillip B. Philbin, co-chair of Haynes and Boone LLP’s IP litigation practice in Dallas. “Elsewhere the challenge is to humanize the corporation for a jury.”

Excerpted from Law360. To read the full article, please click here (subscription required).

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