Locating Burden Of Proof When Patent Venue Is Challenged

Law360, New York (September 22, 2017, 11:59 AM EDT) -- When venue is challenged, who bears the burden of proof in patent cases?[1] It turns out the courts are sharply divided on this important issue, and litigants will benefit from carefully considering this issue when developing and implementing their litigation strategies.

By now it is well-known that in TC Heartland LLC v. Kraft Foods Group Brands LLC[2] the U.S. Supreme Court held that, for purposes of 28 U. S. C. § 1400(b), a domestic corporation "resides" only in its state of incorporation.[3] TC Heartland abrogated the Federal Circuit's 1990 decision in VE Holding Corp.[4] that the interpretation of "resides" under §...

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.

  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!


Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!