• Justices Set to Rule on Patent Venue
  • August 16, 2017 | Author: Paul M. Rivard
  • Law Firm: Banner & Witcoff, Ltd. - Washington Office
  • March 29, 2017 — On March 27, 2017, the Supreme Court heard arguments in TC Heartland LLC v. Kraft Foods Group Brands LLC. The specific question at issue is “[w]hether the patent venue statute, 28 U.S.C. § 1400(b), which provides that patent infringement actions ‘may be brought in the judicial district where the defendant resides[,]’ is the sole and exclusive provision governing venue in patent infringement actions and is not to be supplemented by the statute governing ‘[v]enue generally,’ 28 U.S.C. § 1391, which has long contained a subsection (c) that, where applicable, deems a corporate entity to reside in multiple judicial districts.” The Court’s decision potentially could alter the landscape of patent litigation in the United States.