Monday, December 5, 2011

BIG Change in Civil Procedure

Granting a writ of mandamus, a federal appellate court has rejected the notion that incorporating in Delaware is a controlling factor in determining whether a company must defend a lawsuit there. And, finding that a district court judge abused her discretion by holding otherwise, the appellate panel directed that a patent infringement case be transferred to California.

Friday's ruling by the U.S. Court of Appeals for the Federal Circuit could potentially prevent a number of Delaware companies that do business elsewhere from continuing to use the state's highly regarded court system for intellectual property disputes, a practice that had been on the rise, according to Reuters.

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