Jun 5, 2019

Federal Judge Blocks Obama Administration Wetlands, Waters Rule

Wetlands - WOTUS rule

The U.S. District Court for the Southern District of Texas ruled on May 28, 2019, that the Obama administration erred when it crafted the Waters of the U.S. (“WOTUS”) regulation.  The court found that the final version of WOTUS rule deviated too far from a previous draft version which deprived the public of an opportunity to submit public comment on the final rule.  The ruling makes final a preliminary injunction issued last year blocking implementation of the 2015 rule.  The injunction applies to Texas, Lousiana, and Mississippi.  It is unlikely that the procedural error noted by the District Court will… Read more


May 25, 2017

Supreme Court Clarifies the Meaning of the Patent Venue Statute

Court Order

On May 22, 2017 the U.S. Supreme Court issued its unanimous decision in TC Heartland, LLC v. Kraft Foods Group Brands, LLC. The Court reaffirmed its 1957 decision in Fourco Glass Co. v. Transmirra Products Corp., 353 U.S. 222, 226 (1957) and held that under the patent venue statute, 28 U.S.C. §1400(b), a domestic corporation “resides” only in its State of incorporation. In so ruling, the Court rejected the broader interpretation of the patent venue statute that the Federal Circuit has been applying for more than 25 years. 28 U.S.C. §1400(b) provides: “Any civil action for patent infringement may be… Read more