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. This article reviews the impact of TC Heartland over the past year and a half.
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.” The Federal Circuit essentially obviated that statute in its 1990 decision VE Holding. In VE Holding, the Federal Circuit...
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