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Patent Venue Rule Remains the Same ' For Now

By Harvey S. Kauget and Ryan M. Corbett

Outside of the patent litigation world, most people have probably never heard of Marshall, TX. However, patent litigants often find themselves defending patent infringement suits in Marshall and other remote locations, even though the litigant has virtually no connection to that jurisdiction.

Patent litigation hotbeds like the Eastern District of Texas have sprung up, and continued to thrive, in part due to the statutes governing venue in patent cases. For more than 25 years, courts have broadly interpreted the venue statutes in a manner that allows patent holders to file infringement lawsuits in what are perceived to be patent-friendly jurisdictions. This long-standing practice recently came under attack in the form of a mandamus petition to the Court of Appeals for the Federal Circuit in In re: TC Heartland. Although the Federal Circuit denied the petition, this issue is likely far from over. See, In re: TC Heartland LLC, 2016-105 (April 28, 2016).

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