News & Analysis as of

State of Incorporation

U.S. Supreme Court Addresses Scope of Patent Venue

by Jones Day on

In TC Heartland LLC v. Kraft Foods Group Brands LLC, the U.S. Supreme Court resolved where a domestic corporation "resides" for purposes of the patent venue statute. The Court narrowed the meaning of "resides" under 28 U.S.C....more

The Supreme Court Limits What Constitutes Proper Venue

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...more

Patent Litigation Venue: Supreme Court Clarifies Venue Statutes in TC Heartland v. Kraft Foods.

The U.S. Supreme Court announced its ruling in TC Heartland v. Kraft Foods Group Brands LLC on May 22, 2017, a patent infringement case that has garnered national attention for its implications on venue....more

Supreme Court Restricts Where Plaintiffs Can Sue for Patent Infringement

by K&L Gates LLP on

For almost thirty years, patent owners sued corporate defendants for patent infringement in any federal judicial district in which that corporation was subject to the court’s personal jurisdiction. When corporate defendants...more

Delaware - The New Black For Patent Litigation?

by SmithAmundsen LLC on

This week the Supreme Court made the problem of deciding where to incorporate a little more complicated. Sure, your company could still choose Delaware for its well-developed business laws. But how does Delaware stack up in...more

The State of Incorporation Is the TC Heartland of the Matter

by Alston & Bird on

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...more

Supreme Court Limits Venue in Patent Litigation

In an 8-0 decision issued on May 22, 2017, the U.S. Supreme Court, in TC Heartland LLC v. Kraft Foods Group Brands LLC, restricted the available venues for patent litigation claims under 28 U.S.C. § 1400. Under Section...more

U.S. Supreme Court Limits Choices for Patent Infringement Suits

by Barley Snyder on

A U.S. patent owner is now limited in where they can sue an accused patent infringer after the U.S. Supreme Court on Monday reversed a previous federal appeals court decision....more

Supreme Court Restricts Patent Venue - Holding That A Domestic Corporation "Resides" Only In The State Of Incorporation

On May 22, 2017, the Supreme Court issued its long awaited opinion in T.C. Heartland L.L.C. v. Kraft Food Brands, L.L.C., No. 16-341 (U.S. May 22, 2017)—easily one of its most consequential rulings in patent law in several...more

In One Fell Swoop, Supreme Court Upends Quarter Century of Practice and Limits Proper Venue in Patent Disputes, Much to the Dismay...

by Sedgwick LLP on

On May 22, the U.S. Supreme Court determined that a domestic corporation “resides” only in its State of incorporation for purposes of the patent venue statute, 28 U.S.C. § 1400(b). While seemingly an esoteric discussion of...more

Supreme Court Significantly Narrows Reach Of Patent Venue Statute

In a highly anticipated opinion significantly narrowing the first prong of the patent venue statute, 28 U.S.C. § 1400(b), the Supreme Court in TC Heartland LLC v. Kraft Foods Group Brands LLC unanimously held that a domestic...more

Supreme Court heralds tectonic shift in venue selection for patent suits

by Thompson Coburn LLP on

Reversing nearly 30 years of patent practice, the United States Supreme Court recently held in TC Heartland LLC v. Kraft Foods Group Brands LLC that the appropriate venue for patent-based suits against domestic corporate...more

The Supreme Court, Reversing the Federal Circuit, Holds that “Residence” in the Patent Venue Statute Refers to Only a Domestic...

by BakerHostetler on

In a brief, well-reasoned opinion, a unanimous eight-member Supreme Court held that 28 U.S.C. § 1400(b) is a stand-alone provision governing venue in patent infringement suits, unaffected by the broad definition of...more

Supreme Court’s Decision in TC Heartland Narrows Patent Venue Selection

The Supreme Court’s decision in TC Heartland will undoubtedly have a substantial impact on patent venue selection and will likely lead to a marked decrease in cases brought in the Eastern District of Texas.  Under the Supreme...more

Home Court Advantage - Supreme Court Limits Where Patent Lawsuits May be Filed

by King & Spalding on

On May 22, 2017 the U.S. Supreme Court unwound nearly 30 years of patent venue jurisprudence allowing domestic corporations to be sued for patent infringement in any judicial district in which the company does business. In TC...more

TC Heartland LLC v. Kraft Foods Group Brands LLC: Supreme Court Tightens Venue Rules for Patent Cases

by Goodwin on

In a unanimous 8-0 decision, the Supreme Court ruled on May 22, 2017, in TC Heartland LLC v. Kraft Foods Group Brands LLC that for purposes of venue in patent-infringement litigation, a U.S. corporation “resides” only in the...more

Supreme Courts Reaffirms Fourco, and Limits Where Corporations Can Be Sued for Patent Infringement

In TC Heartland LLC v. Kraft Foods Group Brands LLC, [16–341] (May 22, 2017), the Supreme Court reversed the Federal Circuit and held that for purposes of the patent venue statute (28 U.S.C. 1400(b)), a corporation only...more

Supreme Court Restricts Patent Venue

In a landmark decision, the Supreme Court unanimously overturned the Federal Circuit’s VE Holding opinion, which had permitted patent defendants to be sued in any forum in which they were subject to personal jurisdiction....more

Litigation Alert: Supreme Court Announces New Limits on Venue in Patent Cases, Blunting Key Troll Tool

by Fenwick & West LLP on

For the past 27 years, plaintiffs have been able to bring patent-infringement suits against most corporations almost anywhere in the United States. So-called non-practicing entities, also known as patent “trolls,” have taken...more

A New Limit on Patent Litigation Venue

by Stinson Leonard Street on

A recent U.S. Supreme Court case limited patent litigation venues to a much narrower set of options. Patent venue is now limited solely to the state where the defendant is incorporated and/or states where it operates a...more

Supreme Court Changes the Patent Venue Landscape

by McDermott Will & Emery on

In a highly anticipated decision, the Supreme Court of the United States issued a unanimous opinion in TC Heartland LLC v. Kraft Food Group Brands LLC, holding that for the purposes of venue in patent infringement actions, a...more

Supreme Court Unanimously Changes Where Patents May Be Litigated

Monday, in TC Heartland LLC v. Kraft Foods Group Brands, No. 16-341, the United States Supreme Court significantly changed the geography where future patent infringement suits can be filed....more

Supreme Court Holds That U.S. Corporations “Reside” Only in Their State of Incorporation for Patent Venue Purposes, But Questions...

by Kelley Drye & Warren LLP on

Highlights and Impact: On May 22, 2017, in TC Heartland LLC v. Kraft Foods Group Brands LLC, the Supreme Court held 8 – 0 that a domestic corporation “resides” only in its state of incorporation for the purpose of...more

A Unanimous U.S. Supreme Court Significantly Restricts Where Patent Infringement Suits May Be Filed

The U.S. Supreme Court on Monday, May 22, 2017, unanimously held that patent infringement lawsuits may be filed against domestic corporations only in the company’s state of incorporation, or where the company has a regular...more

Supreme Court Limits Where Patent Cases Can Be Brought—Can You Move to Your Home Court?

by Blank Rome LLP on

The Supreme Court, in TC Heartland LLC v. Kraft Foods Group Brands LLC, issued an opinion that may limit the number of patent suits brought in courts perceived to be plaintiff-friendly and may give companies the opportunity...more

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