RECENT SCOTUS DECISION COULD HAVE CONSEQUENCES REGARDING THE NUMBER OF PATENT INFRINGEMENT CASES FILED AND LIMITATIONS ON VENUES

The SCOTUS decision of May 22, 2017 in Heartland v. Kraft, stated that specific venue provisions that apply to patent infringement (28 U.S.C. 1400 (b)) limit the courts where a domestic corporation can be sued to those located in the state where the company was incorporated or where the act of infringement was committed.

This decision could result in a reduction of the number of cases brought against out-of-state corporations and so could reduce the number of cases brought in the Eastern District of Texas and increase the number of cases in states like Delaware.

See our full article in the Education Center.