Winter 2018, The Supremes

     

    Litigation & Trials

    Ten Important Considerations for Supreme Court Advocacy

    Theodore B. Olson

    How one makes the most of this vital, critical, and final phase of a Supreme Court case.

    Features

    Columns

    Court Administration

    From the Bench: State Supreme Court: Like SCOTUS, at Least in Part

    Hon. David Viviano

    The parallels between the work of the Michigan Supreme Court and the U.S. Supreme Court, or SCOTUS, are many. Like SCOTUS, the Michigan Supreme Court is the final arbiter of the law in Michigan. Like SCOTUS, the Michigan Supreme Court has broad discretion to decide in what cases we will hear argument and issue opinions. Like SCOTUS, the Michigan Supreme Court oversees the promulgation of the rules of procedure that govern our courts (although, unlike SCOTUS, we have the final word).

    Patents

    iWitness: Where Will All the Patent Cases Go? The Aftermath of TC Heartland

    Charles B. Walker and Dino Arslanagic

    The Eastern District of Texas has been ranked in the top 10 of the most popular venues for patent cases since 2000. In fact, since 2005, the Eastern District has enjoyed the number one rank. Its top ranking in patent venue may be in jeopardy, though, as the Supreme Court’s decision in TC Heartland LLC v. Kraft Foods Group Brands LLC, 137 S. Ct. 1514 (2017), attempts to limit the venues available in patent cases. The Supreme Court’s decision triggers many questions: Where will future patent cases go? Will the decision in TC Heartland trigger a shift in the landscape of patent venues? How do e-commerce businesses fit into the current patent venue framework?

    Headnotes