TC Heartland Anniversary Edition - Recent Developments and Practical Implications of Evolving Patent Venue Law
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In May 2017, the Supreme Court issued its decision in TC Heartland LLC v. Kraft Food Group Brands LLC, which reshaped the patent venue law regarding where patent cases can be brought. The Supreme Court clarified that the patent venue statute, 28 U.S.C. § 1400(b), exclusively controls for determining venue for patent infringement suits and held that a corporation “resides” in its state of incorporation. Since then the lower courts, practitioners, and businesses have wrestled with the full implications of that ruling. Now, as we near the one-year anniversary of the TC Heartland decision, we examine how the Federal Circuit and the district courts have interpreted that decision, clarifying the patent venue law on certain issues while leaving other questions still unanswered. Notably, the lower courts have addressed the meaning of “regular and established place of business” under § 1400(b), and whether the Supreme Court’s decision amounts to an intervening change in law for the purposes of determining waiver for challenging venue.
The presenters will discuss the impact that the Supreme Court’s decision has had on filing of new patent cases and the surge in the motions for transfer. Finally, we will discuss best practices for litigants in navigating the patent venue law based on the guidance provided by the courts and keeping in mind the questions that remain open.
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Raj Gupta, Ph.D., Partner, Finnegan
Christine E. Lehman, Partner, Finnegan
Mark Baker, Managing Editor, Practical Law Intellectual Property & Technology Service
Practical Law provides practical, up-to-date resources across all major practice areas to help lawyers in law firms and in-house legal departments get up to speed quickly, save time and protect the bottom line.
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