As anticipated, Delaware’s courts have been the primary beneficiary of the US Supreme Court’s decision in the "TC Heartland LLC v. Kraft Foods Group Brands LLC" case. The Heartland decision created a more restrictive standard for where patent holders can file infringement lawsuits.
In the 90 days after the Heartland decision, the number of patent cases filed in Delaware is up 72 percent compared to the 90 days prior to the Supreme Court’s ruling.
Womble Carlyle’s Kristen Cramer litigates patent disputes from the firm’s Wilmington, Del. office and has extensive experience in Delaware’s federal courts. She recently discussed the Heartland fallout with Law360.
“The Delaware court is doing the best it can and is making sure litigants get their day in court,” Cramer tells Law360.
Kristen Cramer represents domestic and international clients as lead counsel in patent infringement actions in federal district and appellate courts and as Delaware counsel in the District of Delaware, with a focus on Hatch-Waxman litigation. She has litigated patent matters involving pharmaceuticals, medical devices, biotechnology, consumer products and electronics, computer networks, power, and business methods, among other technologies.