Today the Supreme Court dealt a substantial blow to forum shopping in patent infringement cases in TC Heartland LLC v. Kraft Foods Group Brands LLC. For the past three decades, the Federal Circuit has interpreted the word “resides” in the patent venue statute to be as broad as the general venue statute. This effectively allowed patent owners to sue defendants in any district where an allegedly infringing product was sold. Not anymore. In TC Heartland, the Supreme Court reaffirmed its 1957 decision in Fourco Glass Co. v. Transmirra Products Corp., holding that “resides” under the patent venue statute means only one place: the defendant’s state of incorporation. As a result, venue options will be much more limited for patent owners, and the District of Delaware is likely to be the new epicenter of patent litigation.

Read the client alert here.

This Client Alert has been prepared by Tucker Ellis LLP for the use of our clients. Although prepared by professionals, it should not be used as a substitute for legal counseling in specific situations. Readers should not act upon the information contained herein without professional guidance.