TC Heartland And Its Aftermath: A Litigant's View

Law360, New York (September 28, 2017, 4:15 PM EDT) -- On June 23, 2014, a defendant in a civil action for alleged patent infringement served its initial response to the plaintiff's complaint. The defendant (and my client) was an Indiana limited liability company named TC Heartland LLC, and the response was a motion which urged the district court in Delaware to dismiss or, in the alternative, to transfer venue of the action because it was "a case laying venue in the wrong division or district."[1]

The legal basis for TC Heartland's motion was straightforward: 28 U.S.C. § 1400(b) is the sole and exclusive provision governing venue in patent infringement actions; §...

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