is an associate in the Intellectual Property Practice Group in the Dallas office of Haynes and Boone. Cate works on a range of intellectual property matters, with an emphasis on patent prosecution and litigation. In addition to her law degree, Cate holds a B.S. in Chemical Engineering and is a certified TRIZ practitioner.
For more information or to contact Cate, please visit her Firm Profile Page.
With venue for patent infringement actions under § 1400(b) narrowed after TC Heartland and In re Cray, patent owners could use declaratory judgment (DJ) actions to secure their desired venue because venue in DJ actions is governed by § 1391. The Declaratory Judgment Act provides federal courts with the authority to “declare the rights and other legal relations of any interested party” where an “actual controversy” exists. 28 U.S.C. §§ 2201–02… The ITC offers patent owners yet another venue option outside of § 1400(b).