Supreme Court Clamps Down on Venue Shopping in Patent Cases
For many years, the Federal Circuit’s interpretation of the patent venue statute has permitted patent plaintiffs to sue in any district in which a defendant would be subject to personal jurisdiction, for example anywhere it has sold allegedly infringing products. In this permissive environment, plaintiffs, and patent assertion entities in particular, flocked to the Eastern District of Texas to take advantage of its speedy docket and perceived advantages to plaintiffs. Yesterday, in TC Heartland LLC v. Kraft Foods Grp. Brands LLC, No. 16-341, 581 U.S. __ (2017), the Supreme Court upended that regime. A U.S. corporation can now be sued for patent infringement only in a district within its State of incorporation or where it “has a regular and established place of business.”