TC Heartland: Supreme Court Holds That Home Is Where the Heart Is

May 22, 2017

By: Jay R. Campbell, Joshua M. Ryland, and Marissa M. Ennis

Today the Supreme Court dealt a substantial blow to forum shopping in patent infringement cases in TC Heartland LLC v. Kraft Foods Group Brands LLC. For the past three decades, the Federal Circuit has interpreted the word “resides” in the patent venue statute to be as broad as the general venue statute. This effectively allowed patent owners to sue defendants in any district where an allegedly infringing product was sold. Not anymore. In TC Heartland, the Supreme Court reaffirmed its 1957 decision in Fourco Glass Co. v. Transmirra Products Corp., holding that “resides” under the patent venue statute means only one place: the defendant’s state of incorporation. As a result, venue options will be much more limited for patent owners, and the District of Delaware is likely to be the new epicenter of patent litigation.

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Intellectual Property - Trial and Litigation
Intellectual Property and Brand Protection