Searching For 'Act Of Infringement' Under Hatch-Waxman

By Ron Vogel and Brian Coggio (March 6, 2018, 12:02 PM EST) -- In TC Heartland LLC v. Kraft Food Group Brands LLC, the U.S. Supreme Court held that a corporate defendant "resides" only in its state of incorporation for purposes of determining venue in a patent infringement case.[1] This narrow interpretation of "residence" under the first prong of the patent venue statute, 28 U.S.C § 1400(b), accentuated the importance of the second prong of §1400(b), which makes venue proper in a district where the defendant has committed acts of infringement and has a regular and established place of business (REPB).[2]

While the REPB requirement affects all patent infringement actions, locating an "act of infringement" is...

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