1. Who enforces a patent?
The U.S. Patent and Trademark Office grants a patent. Contrary to popular belief, a patent does not give its holder the right to practice the invention, but the right to preclude others from practicing it. A patent holder can enforce this right by filing suit in a federal district court or, where the infringement includes importing a product into the United States that affects a domestic industry, the patent holder can ask that the International Trade Commission institute a proceeding to enforce the patent. A request to the ITC is often accompanied by a district court action because the ITC cannot award damages; its remedy is an exclusion order.
2. Where can a district court patent case be filed?
A patent infringement case can be filed in any district in the United States that has personal jurisdiction over the defendant, which may include those states or districts where the defendant’s products are sold but where the defendant may not have offices. The likelihood of one party or the other prevailing in the litigation varies depending on the district in which the action is filed. The venue for a district court patent case impacts how quickly the case moves, the likelihood that it will be resolved prior to trial, and the jury composition at trial. Patent holders thus often choose the place of the litigation based on a belief that one forum or another is generally more favorable to patent holders.
Please see full publication below for more information.