In what is perhaps one of the most highly anticipated U.S. Supreme Court patent law decisions since Alice Corp. v. CLS Bank Int’l, the Supreme Court held on May 22 that, for purposes of venue in patent cases, a defendant corporation resides only in its state of incorporation. The opinion goes against long-standing Federal Circuit precedent that previously interpreted “resides” to allow venue to lie in nearly any forum where a defendant sells products alleged to infringe. Many expect this dramatic shift to cause a significant decrease in high-volume patent filings in patentee-friendly forums such as the Eastern District of Texas.
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