Unanswered Question in 'TC Heartland' Could Have Big Impact in Del.
Intellectual property attorneys are preparing for an influx of patent infringement suits in Delaware after the U.S. Supreme Court on Monday ruled that corporations "reside" only in their state of incorporation under the patent venue statute.
May 23, 2017 at 06:10 PM
4 minute read
Intellectual property attorneys are preparing for an influx of patent infringement suits in Delaware after the U.S. Supreme Court on Monday ruled that corporations “reside” only in their state of incorporation under the patent venue statute.
The attorneys agreed that the 8-0 decision, written by Justice Clarence Thomas in TC Heartland v. Kraft Foods Group likely ended the near-monopoly the U.S. District Court for the Eastern District of Texas has enjoyed in recent years as filers flocked to the plaintiff-friendly forum. Delaware, already the second-busiest jurisdiction for patent litigation and home to more than half of the nation's Fortune 500 companies, is widely expected to pick up many of those cases.
However, attorneys said Tuesday that the full impact of the high court's decision on the First State could be months away from being felt, as courts try to hash out what is meant by a critical second prong of the law that was unaddressed in Monday's decision: What is meant by “a regular and established place of business.”
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