Patent Infringement Venue – Watch where you File Your Patent Infringement Lawsuit!

On May 22, 2017, the United States Supreme Court, in TC Heartland LLC v. Kraft Foods Group Brands LLC, changed the landscape regarding the venue, or judicial district, in which a patent infringement lawsuit can be filed.  Specifically, the defendant in this case was sued in the state of Delaware, despite it being incorporated and residing in the state of Indiana, simply because it shipped allegedly infringing products into the state of Delaware.  The defendant moved to transfer the case to its backyard principally because the defendant had no “regular and established place of business” in Delaware.  The district court rejected defendant’s request, which was approved by the United States Court of Appeals for the Federal Circuit.  Like the defendant in TC Heartland LLC, many other defendants are forced to litigate a patent infringement case outside of their home judicial district, typically causing increased expenses for the accused defendants, not to mention typically creating a benefit to plaintiffs by selectively choosing the most advantageous forum to litigation these patent infringement suits.