In 2017, the U.S. Supreme Court issued TC Heartland LLC v. Kraft Foods Group Brands LLC, which was a game changer for patent venue. The case drastically narrowed where defendants can be sued and shifted a significant amount of litigation out of the Eastern District of Texas, a favored forum for patent plaintiffs. That same year, the Supreme Court issued a decision on personal jurisdiction: Bristol - Myers Squibb Co. v. Superior Court of California. While that decision was not in the patent context, it has the potential to effect a similarly major shift in where patent lawsuits can be brought.
Originally published in January 18, 2019.
Please see full publication below for more information.