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March 10, 2016Published Article

ED Texas Patent Docket Facing Headwinds

The Federalist Society

ED Texas Patent Docket Facing Headwinds
In re TC Heartland and the Venue Equity Act

In 2015, patent holders filed 2523 suits in the Eastern District of Texas, according to data compiled by Law 360. That was 45% of all patent cases filed nationwide and 2000 more than the next-busiest forum, the District of Delaware.

On Friday, March 10, the Federal Circuit will hear oral arguments on a Petition for a Writ of Mandamus that could reshape the venue rules for patent litigation. See In re TC Heartland, Case No. 16-105 In summary, the petitioners are asking the court to hold that the patent venue statute, 28 U.S.C. § 1400(b), should not be read in conjunctioni with the general corporate venue statute, 28 U.S.C. § 1391(c), which provides for venue wherever a corporation is subject to personal jurisdiction. Presently, this has meant that a patent holder can sue a corporation wherever it does business - even if it's just one store or only a few sales. If granted, however, the Petition would bring an end to patent suits against defendants based only on having a place of business in the district.

Provisions added to the Innovation Act in June 2015, still pending in the House of Representatives, also would restrict a plaintiff's venue choices.

To read the full blog post, click here.

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