Article by Beth S. Rose / Sills Cummis & Gross PC
Who would have thought that the question of where venue lies in a patent infringement action could generate so much buzz among lawyers? But it has. The U.S. Supreme Court’s May decision in TC Heartland v. Kraft Foods Group Brands held that, under the patent venue statute, a domestic corporation resides only in its state of incorporation.
This was a big deal. The implications for forum shopping could be huge. But don’t count plaintiffs out yet. They still have options. And some of them may create new problems for defendants.
But first, let’s review how we got here.