Expectations For Venue-Related Discovery Post-TC Heartland

By Silvia Jordan (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...

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