Fitzpatrick Case Update
November 16, 2017
On November 15, 2017, Federal Circuit Judges Taranto, Chen, and Hughes in In re Micron Technology, Inc. (Appeal No. 2017-138) held that TC Heartland represents a “change of law,” and that Micron Technology Inc.’s failure to raise a TC Heartland venue objection in its initial motion to dismiss a patent suit brought by Harvard College did not waive the objection under Fed. R. Civ. P. 12(g)(2) and (h)(1)(A). But the Federal Circuit also explained that there may be bases other than a Rule 12 waiver by which a district court could determine that a defendant had forfeited a venue objection, including instances in which the defendant had consented to venue or had raised the venue objection in an untimely manner.