How Courts Have Applied Cray Patent Venue Test

By Gregory Herrman and Jonathan England (January 7, 2019, 1:04 PM EST) -- In May 2017, the U.S. Supreme Court issued its decision TC Heartland LLC v. Kraft Foods Group Brands LLC,[1] which narrowed the scope of venue under the first prong of 35 U.S.C. § 1400(b). The natural result was that the second prong of § 1400(b) — "where the defendant has committed acts of infringement and has a regular and established place of business" — became relevant and more regularly litigated. In In re Cray, the Federal Circuit established a test for finding a "regular and established place of business": "(1) there must be a physical place in the district; (2) it must be a regular and established place of business; and (3) it must be the place of the defendant."[2]...

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