Supreme Court Restricts Venue in Patent Infringement Cases

Christopher K. Hu

On May 22, 2017, the United States Supreme Court issued an 8-0 decision, which will have a significant impact on the number of patent infringement cases filed in districts in States in which large or technology-based companies, or other frequent targets of patent litigation, are incorporated. This includes New Jersey, Delaware, California, and Illinois.

The patent infringement litigation venue statute, 28 U.S.C. 1400(b), provides that “[a]ny civil action for patent infringement may be brought in the judicial district where the defendant resides, or where the defendant has committed acts of infringement and has regular and established place of business.” In TC Heartland v. Kraft Foods Group Brands, No. 16-341, 581 U.S. __(2017), the Supreme Court held that for purposes of 28 U.S.C. § 1400(b), as applied to domestic corporations, “‘reside[nce]’ in § 1400(b) refers only to the State of incorporation.” Continue reading “Supreme Court Restricts Venue in Patent Infringement Cases”