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If TC Heartland Is Reversed, When To Get Out Of East Texas

Law360, New York (March 31, 2017, 12:00 PM EDT) -- Jenny L. Colgate

Nechama Potasnick The U.S. Supreme Court heard oral arguments in TC Heartland v. Kraft Foods Group Brands on Monday, March 27, 2017. The issue before the court is the meaning of the term “resides” in the patent venue statute (28 U.S.C. § 1400(b)). More specifically, does a corporation “reside” in any judicial district in which it is subject to personal jurisdiction (i.e., the definition of corporate “residence” provided in 28 U.S.C. § 1931(c)) or does a corporation “reside” only in the state in which it is incorporated (i.e., the definition of corporate “residence” under Fourco),[1] and where do...

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