Analysis

Venue 'Loophole' For Foreign Cos. Open, But Limited

Law360 (May 15, 2018, 8:33 PM EDT) -- The Federal Circuit's refusal to limit where foreign companies can be sued for patent infringement clarifies a lingering question left open by the Supreme Court's TC Heartland decision, but attorneys don't expect it to open a venue free-for-all.

The appeals court last week denied a petition for writ of mandamus from Taiwanese smartphone maker HTC Corp., agreeing with a Delaware federal judge's ruling that as a foreign company, HTC could be sued anywhere in the U.S.

The venue rules gained renewed attention after the Supreme Court's decision last May in TC Heartland LLC v. Kraft Food Brands Group, which put restrictions...

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