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Expert Analysis

Tension Over 'Place Of Business' Timing For Patent Venue

By Brian Kwok and Winnie Wong (February 16, 2018, 12:31 PM EST) -- Patent litigants have been disputing the meaning of a "regular and established place of business" in the context of patent infringement venue with increasing frequency following the U.S. Supreme Court's decision in TC Heartland.[1] An increasingly common dispute revolves around when a defendant must have its regular and established place of business in the judicial district for venue to be proper. Must it exist at the time of filing the complaint, or only when the alleged act of infringement occurred? Various district court decisions appear to answer this question differently....

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