Expectations For Venue-Related Discovery Post-TC Heartland

Law360 (August 10, 2018, 12:46 PM EDT) -- Since the U.S. Supreme Court’s TC Heartland decision last year upended nearly three decades of Federal Circuit law,[1] patent infringement defendants’ motions to dismiss or transfer for improper venue have become nearly ubiquitous.[2] Plaintiffs often counter by requesting discovery to support their selected venue under the current, and still developing, venue standards. While the post-TC Heartland jurisprudence continues to evolve, decisions to-date reveal that district courts typically permit discovery when plaintiffs provide prima facie evidence at the outset that the discovery sought could establish proper venue.

Venue Post-TC Heartland

The patent venue statute, 28 U.S.C. §1400(b), provides that a plaintiff can...

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.


  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!

TRY LAW360 FREE FOR SEVEN DAYS

Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Beta
Ask a question!