U.S. Supreme Court,
Civil Litigation,
Intellectual Property,
Corporate
Oct. 4, 2017
Patent venue after TC Heartland
While some courts held that physical presence in the district is not required, others determined that it is. The Federal Circuit recently resolved this issue.
Venue in a patent infringement action is governed by 28 U.S.C. Section 1400(b). The statute provides two tests to determine whether a particular district is the correct venue to bring an infringement action. First, venue is proper in the “judicial district where the defendant resides.” Second, venue is proper, “where the defendant has committed acts of infringement and has a regular and established place of business.”
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