Internet & Social Media Law Blog
Today, May 22, 2017, in the TC Heartland v. Kraft Foods opinion written by Justice Clarence Thomas, the U.S. Supreme Court held that the proper venue for a patent infringement lawsuit is (1) the state of incorporation for the defendant, or (2) a district where the defendant has committed acts of infringement and has a regular and established place of business. The Court held that for purposes of the patent venue statute, 28 U.S.C. §1400(b), a domestic corporation “resides” only in its State of incorporation, rejecting the argument that §1400(b) incorporates the broader definition of corporate “residence” contained in the general venue statute, 28 U.S.C. §1391(c).