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Expert Analysis

TC Heartland And Hatch-Waxman: Square Peg In Round Hole

By Jane Love, Robert Trenchard and Paul Torchia (January 30, 2018, 11:55 AM EST) -- As has been widely reported, in TC Heartland the U.S. Supreme Court narrowed venue choices in patent cases under the patent venue statute, 28 U.S.C. § 1400.[1] Venue under Section 1400 is now no longer coextensive with the general venue statute, 28 U.S.C. § 1391, which allows lawsuits against companies in any district with personal jurisdiction over the defendant. More is needed under Section 1400, including an analysis of where the defendant has committed "acts of infringement."[2]...

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