News & Analysis as of

TC Heartland LLC v Kraft Foods State of Incorporation

Fitch, Even, Tabin & Flannery LLP

Pendent Venue: What Is It, and Can You Still Rely on It?

Venue, in the context of the federal law, refers to the judicial district in which a case can be heard. Venue must be established for each cause of action in a case. In most federal civil litigation, proper venue is...more

Porter Hedges LLP

Patent Litigation In The Southern District Of Texas Is On The Rise

Porter Hedges LLP on

There can be no dispute that Texas federal district courts are a favored venue for patent litigants. In 2020, approximately 4,000 patent cases were filed in district courts throughout the country. Of those cases, more than...more

Fenwick & West LLP

Clear Trends Visible in the Post-TC Heartland Patent Landscape

Fenwick & West LLP on

The patent landscape experienced a paradigm shift with the May 2017 United States Supreme Court decision in TC Heartland v. Kraft Foods Group Brands. In TC Heartland, venue in patent cases was narrowed to either (1) the...more

Dorsey & Whitney LLP

Home Is Where the Principal Place of Business Is

Dorsey & Whitney LLP on

The Federal Circuit’s ongoing effort to implement TC Heartland—the Supreme Court’s landmark 2017 patent venue decision—took another step forward in May with In re BigCommerce, Inc., which vacated and remanded two decisions...more

Dorsey & Whitney LLP

TC Heartland’s One Year Anniversary: Changes in Patent Venue

Dorsey & Whitney LLP on

It’s been one year since the TC Heartland decision was issued by the Supreme Court, and it’s had a big impact on patent litigation. See TC Heartland LLC v. Kraft Food Brands LLC, 137 S. Ct. 1514, 1521 (May 22, 2017)....more

Mintz - Intellectual Property Viewpoints

Federal Circuit clarifies that patent venue is proper only in a single judicial district within a multi-district state

In our continuing coverage of the post-TC Heartland landscape, the Federal Circuit recently clarified that venue is proper in only one district per state in In re BigCommerce, Inc., 2018-122 (Fed. Cir. May 15, 2018) (slip...more

Foley & Lardner LLP

Unique Venue and Personal Jurisdiction Challenges of Foreign Corporations

Foley & Lardner LLP on

In 2017, the Supreme Court rejected the Federal Circuit’s longstanding interpretation of Personal Jurisdiction and Venue in patent infringement actions against domestic companies. 28 U.S.C. §§ 1391, 1400; see TC Heartland LLC...more

Amundsen Davis LLC

Sometimes, There's No Place Like Home

Amundsen Davis LLC on

In our article “Delaware – the New Black for Patent Litigation” published last May, we wrote about the landmark Supreme Court decision in TC Heartland v. Kraft Foods Group Brands significantly restricting patent suits to...more

Jones Day

Key Patent Decisions of 2017

Jones Day on

In another noteworthy year for patent law, the U.S. Supreme Court and Federal Circuit issued a number of decisions that altered the patent landscape, including four Supreme Court decisions. The topics of the key cases...more

Fish & Richardson

Unanswered Questions After TC Heartland

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The Supreme Court recently upended what many practitioners considered to be the status quo on the issue of where venue lies in patent infringement actions. These cases have a special governing provision in 28 U.S.C. § 1400(b)...more

Goulston & Storrs PC

Supreme Court Removes Patent Litigation from the Heartland of Texas

Goulston & Storrs PC on

For years, patent assertion entities have filed patent lawsuits against retailers in federal court in Texas. The Supreme Court’s recent decision in TC Heartland LLC v. Kraft Foods Group Brands LLC may give retailers the...more

Snell & Wilmer

Federal Circuit Clarifies Venue Waiver After TC Heartland

Snell & Wilmer on

The Federal Circuit issued guidance yesterday for district courts deciding venue challenges after the Supreme Court’s May 2017 decision in TC Heartland LLC v. Kraft Foods Group Brands LLC. In In re Micron Technology, Inc.,...more

Morgan Lewis

Federal Circuit Holds TC Heartland Is an Intervening Change in the Law

Morgan Lewis on

The court offers clarification on a patent litigation venue issue that has caused “widespread disagreement” nationwide....more

Mintz - Intellectual Property Viewpoints

Yahoo Asks Federal Circuit to Determine Whether TC Heartland Changed, or Merely Clarified, Venue Rules

In an interesting development in the post-TC Heartland world, it appears that the Federal Circuit will soon answer the question whether the Supreme Court’s venue decision was a change in the law, or merely a course-correction...more

Patterson Belknap Webb & Tyler LLP

Judge Broderick Finds That TC Heartland Affected a “Sea Change” and Grants Motion to Dismiss For Improper Venue

On October 20, 2017, District Judge Vernon Broderick (S.D.N.Y.) granted Defendants' Watters Design, Inc.'s, Essense of Australia, Inc.'s, and David's Bridal, Inc.'s motions to dismiss under Federal Rule of Civil Procedure...more

Tarter Krinsky & Drogin LLP

Your State Or Mine: Patent Lawsuits Can Now Only Be Brought Where Corporations Have Physical Locations

For decades, companies have been subject to patent infringement lawsuits almost anywhere that they had sales, whether through a physical store or online. Often, based on online sales, the defendant corporation could be...more

Nutter McClennen & Fish LLP

Judge Gilstrap’s Patent Venue Test Gets Slapped Down

In its decision, the Federal Circuit also took the opportunity to clarify the Supreme Court’s recent TC Heartland decision and set forth three general requirements to determine where a defendant maintains “a regular and...more

Kilpatrick

Federal Circuit Holds that the “Required and Established Place of Business” for Patent Infringement Venue Under §1400(b) Requires...

Kilpatrick on

Brief Summary The U.S. Court of Appeals for the Federal Circuit held that to find a “required and established place of business” for venue in a civil action for patent infringement, the court must identify “a physical...more

Morgan Lewis

Federal Circuit Clarifies Venue Law in the Wake of TC Heartland

Morgan Lewis on

On September 21, the US Court of Appeals for the Federal Circuit issued an opinion in In re: Cray Inc. clarifying how district courts should determine whether a patent infringement defendant maintains a “regular and...more

Skadden, Arps, Slate, Meagher & Flom LLP

Interpretations of TC Heartland Add Uncertainty to Patent Litigation

In May 2017, the U.S. Supreme Court in TC Heartland v. Kraft Foods reversed more than 25 years of Federal Circuit precedent when it held that for venue purposes a corporation is resident only in its state of incorporation. In...more

McDonnell Boehnen Hulbert & Berghoff LLP

Back to “Normal”?: Patent Venue After TC Heartland

On May 22, 2017, in TC Heartland LLC v. Kraft Foods Group Brands LLC, the Supreme Court reversed decades of expansive patent venue interpretation by the Federal Circuit. A succinct 10-page opinion by Justice Thomas...more

Mintz - Intellectual Property Viewpoints

District Courts Remain Split on TC Heartland and Waiver of Improper Venue Defense

The Supreme Court’s decision five months ago in TC Heartland v. Kraft Food Group Brands was a sea change in the way courts interpret venue for patent infringement cases. Since the Federal Circuit’s decision in VE Holding...more

Baker Donelson

Return of the Rocket Docket?: New Case Law Potentially Changes the Tide of Patent Lawsuits Fleeing Favored Venues

Baker Donelson on

The United States Supreme Court’s May decision in TC Heartland LLC v. Kraft Foods Group Brands LLC was widely seen as a limitation on the jurisdictions in which a patent owner can file infringement claims. That decision set...more

Morrison & Foerster LLP

MoFo IP Newsletter - July 2017

Supreme Court Hits Reset on Patent Venue Law in TC Heartland - In the recent TC Heartland LLC v. Kraft Foods Group Brands LLC decision, the Supreme Court reversed nearly thirty years of patent venue law and held that a...more

Eversheds Sutherland (US) LLP

“Not so fast . . .”: Eastern District of Texas Adopts Approach that Narrows Impact of TC Heartland 

When the US Supreme Court decision in TC Heartland was published, many patent practitioners thought that the decision would adversely affect the Eastern District of Texas, a popular venue for patentees because of its quick...more

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