is an associate in the Intellectual Property Litigation Practice Group in the Dallas office of Haynes and Boone, LLP. His Practice focuses on intellectual property litigation, with an emphasis on patent infringement matters for clients in the smartphone, document imaging, energy metering, and real estate industries, among others. In addition to his law degree, Mike holds a B.S. in Electrical Engineering and an M.S. in Electrical and Computer Engineering.
Some analysts have concluded that the Supreme Court’s recent decision in TC Heartland will make it more difficult for patent owners to enforce their patents. Generally, they assert that patent infringement litigation will become more costly for patent owners because they may have to assert their rights in multiple jurisdictions throughout the country. They also contend that concurrent litigation in multiple courts will lead to inconsistent outcomes. One response to these concerns is multidistrict litigation under 28 U.S.C. § 1407. Congress authorized the formation of a Judicial Panel on Multidistrict Litigation to transfer “civil actions involving one or more common questions of fact” to a single “district for coordinated or consolidated pretrial proceedings.” The Judicial Panel on Multidistrict Litigation has authority to transfer patent cases as it does any other “civil actions.” Indeed, Congress predicted that patent cases would be particularly appropriate for multidistrict litigation.