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, patent infringement defendants’ motions to dismiss or transfer for improper venue have become nearly ubiquitous. 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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