The Supreme Court Limits What Constitutes Proper Venue

Sterne, Kessler, Goldstein & Fox P.L.L.C.
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In TC Heartland LLC v. Kraft Foods Group Brands LLC, No. 16-341, 581 U.S. __ (2017), the Supreme Court reversed a Federal Circuit decision and clarified the proper scope of venue pursuant to the patent venue statute, 28 U.S.C. §1400(b). For a domestic corporate defendant, venue is now proper in either (1) the district of the defendant’s place of incorporation, or (2) the district where the defendant has committed acts of infringement and has a regular and established place of business.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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