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 §...

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