On May 22, 2017, in TC Heartland LLC v. Kraft Food Group Brands LLC, the Supreme Court overturned a 30 year old Federal Circuit precedent on venue in patent cases, holding that a patent defendant can be sued only in a federal district court in its state of incorporation (its “residence” under 1400(b)) or in a district in which it both committed an act of infringement and has a regular and established place of business. Federal courts last adjudicated the meaning of “regular and established place of business” and the location of commission of an act of infringement almost three decades ago, long before the rise of the modern e-commerce economy and before Congress added offers to sell to the litany of acts that infringe a patent. What have district courts and the federal circuit made of these statutory elements in the past five months, and what questions will courts face in determining the proper venue for patent suits? Joel Ard, a partner at Foster Pepper in Seattle, and Michael Friedland, a partner at Knobbe Martens in Orange County, will give an overview of recent developments in patent venue and offer some predictions of unresolved issues and possible resolutions of them.
Mr. Joel B. Ard, Foster Pepper
Mr. Michael Friedland, Partner, Knobbe Martens
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