The Federal Circuit issued a trio of decisions this month further clarifying the application of the patent venue statute in the post-TC Heartland
The case specifics are: In re HTC Corporation
, No. 2018-130 (May 9, 2018); In re ZTE (USA) Inc.,
No. 2018-113 (May 14, 2018); and In re BigCommerce, Inc.,
No. 2018-120 (May 15, 2018). In those cases, the Federal Circuit held:
These developments in patent venue law are likely to be of interest to companies who may find themselves subject to complaints for patent infringement in districts such as the Eastern District of Texas or the District of Delaware.
- Non-U.S. entities are outside the limits of the patent venue statute.
- Federal Circuit law governs the placement of the burden of persuasion on the propriety of venue.
- Domestic corporations that are incorporated in states having multiple judicial districts only “reside” in the district in which they maintain a principal place of business for purposes of the patent venue statute.
View the full content of the alert here