The New Patent Venue Regime

Venue in patent cases lies "in the judicial district where the defendant resides, or where the defendant has committed acts of infringement and has a regular and established place of business." Since 1990, the Federal Circuit interpreted the term "resides" coextensively with the general venue statute such that patent venue lay where the defendant was subject to personal jurisdiction. But this year, the Supreme Court greatly narrowed that definition in <i>TC Heartland v. Kraft Foods</i>. The Federal Circuit, in turn, interpreted the newly-relevant alternative phrase. After two decades of relaxed patent venue rules, these decisions work a seismic shift in patent litigation.

11 minute read November 02, 2017 at 12:04 AM
By
Conor Tucker
The New Patent Venue Regime

Venue in patent cases lies “in the judicial district where the defendant resides, or where the defendant has committed acts of infringement and has a regular and established place of business.”

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