On February 5, 2019, the U.S. Court of Appeals for the Federal Circuit denied a petition that it rehear a case in which a three-judge panel substantially undermined restrictions on where plaintiffs are permitted to file patent-infringement suits. The decision was a setback for WLF, which filed a brief urging rehearing. The panel affirmed a district court ruling (from the plaintiff-friendly Eastern District of Texas) that the defendant waived objections to having the suit heard in Texas—even though the defendant voiced its objections throughout the district court proceedings. WLF charged that the court is inappropriately invoking waiver to evade the Supreme Court’s recently announced limitations on patent venue. The Supreme Court ruled that venue is proper only in a district in which an alleged infringer maintains an established place of business. That ruling overturned a longstanding Federal Circuit rule that allowed infringement suits to be filed virtually anywhere in the country.


Federal Circuit brief