Gilstrap's Venue Test: The 4 Factors And What They Mean

By Yar Chaikovsky and Wei Wang (July 12, 2017, 11:47 AM EDT) -- Under 28 U.S.C. § 1400(b), "[a]ny civil action for patent infringement may be brought in the judicial district where the defendant resides, or where the defendant has committed acts of infringement and has a regular and established place of business." On the heels of TC Heartland v. Kraft Foods Group Brands LLC, where the U.S. Supreme Court held that § 1400(b) "is the sole and exclusive provision controlling venue in patent infringement actions,"[1] Judge Rodney Gilstrap of the Eastern District of Texas — in an opinion published on June 29, 2017 — laid out a four-factor test for determining what constitutes...

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