Patentee Forum Shopping May Be About To Change

Law360, New York (January 21, 2016, 9:38 PM EST) -- At first blush, special statutory rules appear to govern venue over patent cases. Courts have interpreted those rules, however, in a way that provides patentees more freedom than most to engage in forum shopping. Over half of all patent cases filed in 2015 were filed in two of the 94 judicial districts in the United States. Under a generous definition of corporate residence, plaintiffs in patent cases are able to sue defendants in any jurisdictions where the defendants are subject to personal jurisdiction. Because companies often make their products or services available nationwide, patentees have the ability to select a favorable jurisdiction, constrained only by the prospect of an unfavorable ruling on a discretionary motion to transfer venue....

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