1 Year Of TC Heartland, 7 Lessons About Patent Venue

By Manuel Velez (May 22, 2018, 11:52 AM EDT) -- The patent venue statute provides that patent suits may be filed where the defendant "resides" or "has committed acts of infringement and has a regular and established place of business."[1] For nearly 30 years, the Federal Circuit and district courts interpreted this statute to allow a patent owner to file suit anywhere a defendants made sales. In TC Heartland, the U.S. Supreme Court upended this long-standing practice when it held that a domestic corporation "resides" only in its state of incorporation for purposes of the patent venue statute.[2] Following this landmark decision, courts have been grappling with the many unanswered questions that TC Heartland gave rise to. In this article, we explore seven lessons that we have learned regarding venue in patent cases one year after TC Heartland....

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