7 Things To Think About After TC Heartland

By Christopher Carraway, Klaus Hamm and John Vandenberg (May 31, 2017, 1:03 PM EDT) -- The U.S. Supreme Court recently announced a procedural sea change for patent law, reversing the 27-year-old rule that patent defendants could be sued wherever they were subject to personal jurisdiction.[1] Because many products or services are available nationwide, this rule led to a concentration of patent lawsuits in a few districts favored by patent owners, notably the Eastern District of Texas. The Supreme Court's TC Heartland decision returns the law to where it had been before 1990, when 28 U.S.C. § 1400(b), as construed by the Supreme Court in Fourco Glass Co. v. Transmirra Products Corp.,[2] was the sole measure for patent venue. Under this once-again prevailing law, venue in a patent case against a domestic corporate defendant is proper only where the corporation (1) is incorporated, or (2) has committed acts of infringement and has a regular and established place of business....

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