Where Plaintiffs Are Filing Suit Post-TC Heartland
By Benjamin Anger and Boris Zelkind (July 7, 2017, 12:20 PM EDT) -- The U.S. Supreme Court's May 22, 2017, decision in TC Heartland LLC v. Kraft Foods Group Brands LLC, held that 35 U.S.C. § 1400(b) is the sole statute governing venue for domestic corporations in patent cases. Commentators quickly predicted the ruling would knock the Eastern District of Texas from its perch as the top spot for patent litigation in the United States.[1] Commentators also predicted a seismic shift in case filings from the Eastern District of Texas and elsewhere to the District of Delaware.[2] Section 1400(b) dictates that a plaintiff may file a patent suit (1) "where the defendant resides" (i.e. its place of incorporation); or (2) "where the defendant has committed acts of infringement and has a regular and established place of business."[3] Given the Supreme Court's ruling, conventional wisdom held that plaintiffs would begin filing suit in the District of Delaware under the first prong of Section 1400(b), as 66 percent of all Fortune 500 companies are incorporated in Delaware.[4]...
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