Hughes Hubbard & Reed
Hughes Hubbard & Reed partner James Dabney on his team's U.S. Supreme Court victory for TC Heartland in the case that shook up patent venue law.
October 30, 2017 at 07:00 AM
2 minute read
James Dabney of Hughes Hubbard & Reed.
Tell us about your top U.S. Supreme Court or federal circuit court victory over the past year and how you and your team achieved the win. My team led TC Heartland to a U.S. Supreme Court victory in a case characterized as effecting a “sea change” in patent venue law. TC Heartland sought to dismiss Kraft Foods' patent infringement lawsuit for improper venue, seeking instead to transfer it from Delaware federal court to Indiana, where the sweetener manufacturer is based. After the district court and the Federal Circuit denied the request, the Supreme Court agreed to hear the case. In May 2017, we won a unanimous decision that reversed decades of patent venue law. Following the decision, the parties settled all remaining claims and the Delaware action was dismissed.
How did your firm approach appellate success Over the past year? Hughes Hubbard & Reed achieved appellate success by preserving issues in the trial court and successfully executing on appeal. HHR is fortunate to have trial counsel who double as appellate and even Supreme Court arguing counsel.
What practice advice would you give your younger self?
1. Always be sure you know the meaning of terminology that you use (e.g., the word “invention”)
2. Re-read John W. Davis' lecture, “The Argument of an Appeal,” before every argument.
Responses submitted by Hughes Hubbard & Reed partner James Dabney.
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