Kaminski_Jeffri_LRJeffri A. Kaminski, Venable LLP

The U.S. Court of Appeals for the Federal Circuit’s interpretation of the patent venue statute, 35 U.S.C. § 1400(b), as articulated in TC Heartland LLC v. Kraft Foods Group Brands LLC, has created a degree of uncertainty about the proper place to bring patent infringement suits. For example, see our previous posts on this issue: Supreme Court Alters Patent Venue Landscape: Eastern District Texas No Longer the Heartland of Patent Litigation; and Change in Law of Patent Venue May Not Be Get Out of Texas Card.

In Seven Networks v. Google, Eastern District of Texas Judge Rodney Gilstrap provided direction for litigants bringing or defending suits in venues in which they are not incorporated. Prior to TC Heartland, courts interpreted the patent venue statute broadly and generally allowed suits to be brought in any venue where an allegedly infringing device was sold. After TC Heartland, the venue paradigm has been less clear.