Back To The Fourco: High Court's New, Old Patent Venue Test
Law360, New York (May 23, 2017, 4:08 PM EDT) -- For nearly 30 years, courts have liberally construed the patent venue statute, 28 U.S.C. § 1400(b), in determining where patent infringement cases could be brought. Venue in patent cases was effectively coterminous with the personal jurisdiction requirement, that is, if a patent infringement defendant was subject to personal jurisdiction in a particular court, that court was also a proper choice of venue. No more. On May 22, 2017, in the case TC Heartland LLC v. Kraft Food Brands Group LLC, the U.S. Supreme Court reinstated a more demanding test for determining whether a particular venue is proper in patent infringement cases....
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