In May 2017, the Supreme Court issued TC Heartland v. Kraft Foods Group Brands, a decision that many expected would significantly limit forum shopping in patent cases. Prior to that case, patentees could file infringement lawsuits in any court with personal jurisdiction over the accused infringer, so most corporations were subject to suit in every district court.Read more »
Patent Litigation Trends in the Wake of TC Heartland Posted on: April 25, 2019 In: Intellectual Property & Technology
The Ongoing Evolution Of Patent Venue Posted on: March 21, 2019 In: Intellectual Property & Technology
A refresher and update on the ongoing evolution of what constitutes proper venue in a patent case. For over 20 years, venue in a patent case was proper in essentially any court in the United States. That all changed in May 2017 when the Supreme Court held in TC Heartland LLC v. Kraft Food Grp. Brands, LLC that 28 U.S.C. §1400(b) is the sole and exclusive venue provision for patent infringement actions, and cannot be supplemented by the general venue statute at 28 U.S.C. §1391.Read more »
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