Analysis

Gilstrap's Venue Test An Encouraging Sign For Patent Owners

Law360, New York (July 6, 2017, 9:37 PM EDT) -- The nation's busiest patent judge appears to have taken a broad view of what constitutes a company's place of business for venue purposes, an encouraging sign for patent owners looking to keep cases in his Eastern District of Texas courtroom following the U.S. Supreme Court's TC Heartland decision.

In a decision last week, U.S. District Judge Rodney Gilstrap looked to tackle what it means to have a "regular and established place of business" in the modern age, outlining a four-factor test that will guide his decisions about whether cases will remain in the district.

The test takes into account whether a...

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