Patent Venue Needs Overhaul

Law360, New York (February 14, 2017, 11:09 AM EST) -- Brian E. Ferguson

Anish R. Desai The authors of a recent Law360 Expert Analysis article commented that a “nationwide sea change to patent litigation” is at stake in TC Heartland v. Kraft Foods, currently pending before the U.S. Supreme Court.[1] In TC Heartland, the court will decide where venue is proper for patent cases. According to the authors, the court’s decision boils down to determining “who gets the home court advantage [in patent cases] — patentees or infringers.”[2]

Not so. The venue in patent cases should be a neutral factor in determining the outcome of the merits of the underlying case....

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