Silicon Valley Business School

Civil Procedure: Venue
Free Extracts from the Civil Procedure Course
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  • Video ~ Civil Procedure 4 -- Venue

PDF slides for the learning material titled: "Video ~ Civil Procedure 4 -- Venue".

The U.S. Supreme Court held that “[a]ny civil action for patent infringement may be brought in the judicial district where the defendant resides, or where the defendant has committed acts of infringement and has a regular and established place of business” and decided a corporation “resides” only in its State of incorporation. This means cases against accused infringers can only be brought in the state where the accused infringer is incorporated or where the accused infringer has a regular and established place of business.

  • Video ~ TC Heartland LLC v. Kraft Food Brands Group LLC: Oral Argument
Interesting video of the Supreme Court hearing of the case regarding proper venue for a patent infringement case. Key points can be found around the 20-minute mark. The decision in this case will move many patent cases out of the federal district of Eastern Texas.

The rules around patent venue changed dramatically when the US Supreme Court issued its decision in TC Heartland v. Kraft Foods. The decision held that patent-holders must sue either where the defendant company is incorporated or where it "has committed acts of infringement and has a regular and established place of business." Now Uniloc is scrambling to keep Google and other big tech defendants in East Texas federal courts.

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