TC Heartland's Impact In 2018

Law360 (December 12, 2018, 2:23 PM EST) -- The U.S. Supreme Court decided TC Heartland LLC v. Kraft Foods Group Brands LLC on May 22, 2017, revitalizing the patent venue statute.[1] This article reviews the impact of TC Heartland over the past year and a half.

Background

28 U.S.C. § 1400(b) provides that "[a]ny civil action for patent infringement may be brought in the juridical district (1) where the defendant resides, or (2) where the defendant has committed acts of infringement and has a regular and established place of business."[2] The Federal Circuit essentially obviated that statute in its 1990 decision VE Holding.[3] In VE Holding, the Federal Circuit...

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