Supreme Court Limits Venue Shopping in Patent Litigation
Justice Clarence Thomas, writing for an 8-0 court in TC Heartland v. Kraft Foods Group Brands, said “a domestic corporation 'resides' only in its state of incorporation for purposes of the patent venue statute.”
May 22, 2017 at 10:28 AM
9 minute read
In a terse opinion that will alter the landscape — literally — of patent infringement litigation, the U.S. Supreme Court on Monday ruled that such lawsuits must be brought in the state where the defendant company is incorporated.
Justice Clarence Thomas, writing for an 8-0 court in TC Heartland v. Kraft Foods Group Brands, said “a domestic corporation 'resides' only in its state of incorporation for purposes of the patent venue statute.” Justice Neil Gorsuch did not participate in the decision.
The ruling likely spells an end to the near-monopoly the federal court in the Eastern District of Texas holds in handling patent cases. Plaintiffs for decades have filed suits in that pro-plaintiff district based on a broader interpretation of venue that made suits possible almost anywhere.
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