Today, in TC Heartland LLC v. Kraft Food Brands Group LLC, the Supreme Court unanimously reversed a long standing practice which permitted venue over domestic corporations. Traditionally, venue was permissible wherever the court had personal jurisdiction over the defendant corporation. Going forward, however, "residence" as defined in the patent venue statute in 28 U.S.C. § 1400(b) will only refer to the State of incorporation. For the full opinion -- https://www.supremecourt.gov/opinions/16pdf/16-341_8n59.pdf.
Supreme Court Limits Patent VenueWritten by Tony Guo
As a specialized technology counsel, Tony supports his clients in the high tech, creative, and online industries. His primary areas of practice include intellectual property protection, Internet law, and startups. Tony is a USPTO registered patent attorney, as well as a licensed lawyer in California and Florida. He comes from a background involving considerable hardware and software development experience, having worked in both development and IT roles in the tech and finance industries.
Latest from Tony Guo
- Supreme Court Affirms Unconstitutionality of Trademark Disparagement Restriction
- Supreme Court Reverses CAFC Decision on Patent Exhaustion
- Agent's Actions Can Lead to Loss of DMCA Safe Harbor Protection for Service Provider
- President Signs Executive Order Directing CBP to Combat Infringing Imports
- SCOTUS Rejects Laches Defense in Patent Case