Northern Ga. May Be Popular Patent Venue Post-TC Heartland
By Coby Nixon and Seth Trimble (May 25, 2017, 11:59 AM EDT) -- On May 22, 2017, the U.S. Supreme Court decided TC Heartland v. Kraft Food Group Brands and held that the Federal Circuit's long-standing venue analysis in patent infringement cases was incorrect. Under the previous statutory interpretation, a corporate patent defendant could be sued wherever it was subject to personal jurisdiction, which effectively allowed plaintiffs to file suit in whichever federal district they saw fit. Now, by contrast, patent venue is only proper for a corporate defendant (1) in the state in which it is incorporated or (2) where it has committed acts of infringement and has a regular and established place of business. This sweeping change will undoubtedly bring an end to the Eastern District of Texas's reign as the most popular patent forum and will result in many more patent cases being filed in those states that are home to large numbers of corporations....
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