Patent Venue: How We Got To TC Heartland, And What's Next

Law360, New York (August 7, 2017, 11:06 AM EDT) -- TC Heartland[1] will profoundly affect patent litigation. TC Heartland reasserts the court’s Fourco[2] holding that venue in a patent infringement case is controlled exclusively by 28 U.S.C. § 1400, and not by the general venue provisions. Before examining the decision’s impact, we will consider first how we got here. Next, we will consider the court’s holding. Then, we will consider the impact this decision will likely have. Finally, we will explore options for dealing effectively with the changes that this and other decisions may have....
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