Tag Archives: venue

Federal Circuit To Decide Whether A Corporation Can Be Sued For Patent Infringement In Any Federal District In Its State Of Incorporation

The patent venue statute provides that “[a]ny civil action for patent infringement may be brought in the judicial district where the defendant resides.”  28 U.S.C. § 1400(b) (emphasis added).  In TC Heartland, LLC v. Kraft Foods Grp. Brands, LLC, 137 S.Ct. 1517 (2017), the Supreme Court held that a corporate defendant resides in the state … Continue Reading

Giving Defendants a Second Chance: Failure to Assert Improper Venue Prior to TC Heartland is Not a Waiver Under the Federal Rules

In its May 2017 decision in TC Heartland LLC v. Kraft Foods Group Brands, LLC, 137 S.Ct. 1514 (2017), the Supreme Court shocked the patent world by restricting the range of permissible venues in patent infringement cases for  domestic corporations.  (See our prior posts, here and here).  The Federal Circuit has now found – in … Continue Reading
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