In a recent unanimous decision that is still reverberating throughout the patent litigation world, the U.S. Supreme Court reversed the U.S. Court of Appeals for the Federal Circuit’s broad interpretation of the patent venue statute, limiting a corporation’s residence for the purpose of venue in patent cases to “only the state of incorporation.” This is significant because the patent venue statute provides for proper venue where a defendant “resides,” and for almost 30 years corporate residence in patent cases has been where the corporation was subject to personal jurisdiction—essentially anywhere in most cases. This broad interpretation of patent venue led to the concentration of cases in a few select plaintiff-friendly districts, such as the Eastern District of Texas.
In light of the Supreme Court’s narrowing of patent venue, many defendants are now looking for guidance on where venue is appropriate and how and when to get there.
