On May 26, Professor Amy Landers was quoted in the News Journal of Wilmington on a U.S. Supreme Court ruling that requires patent lawsuits to be filed in the state where a defendant is incorporated.
The unanimous decision in TC Heartland v. Kraft Foods Group will likely make Delaware a popular venue for patents, Landers said.
While the ruling barred Kraft from suing TC Heartland in Delaware because it is not incorporated there, it opened a floodgate of future litigation in the First State, where patent cases are surging.
“TC Heartland definitely shifts the ground to Delaware,” Landers said.
On May 30, the News Journal again cited Landers’ perspective in an article exploring a large number of judicial vacancies in Delaware, where patent cases are likely to spiral in number.