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Original air date: 6/28/17. Patent Litigation Venue under TC Heartland: Where Do We Go From Here?

The recent Supreme Court decision in TC Heartland likely will upend traditionally patent heavy dockets centralized in a few districts. In overturning the Federal Circuit’s VE Holdings decision, the Supreme Court held its prior decision in Fourco still applied to limit the Patent venue statute. Under the decision, venue is no longer viewed as appropriate in any jurisdiction where the Defendant is subject to personal jurisdiction, which the Federal Circuit had held as the prior standard. Where a corporation resides is now limited to actual place of incorporation as previously held in Fourco. The Courts in patent heavy districts likely will now turn to the alternate language in 1391 that requires the district in question to be both a place where infringement has occurred and where the defendant corporation has a regular and established place of business, shifting the focus to what it means to be a regular and established place of business. This presentation will examine: The TC Heartland decision, its posture, the ruling, the reasoning for the ruling. The current state of the law on having a regular and established place of business (In re Cordis and other lines of cases). What will happen to the pending cases (exemplary districts such as EDTX)? Which districts are projected venue targets for post-Heartland venue world? Presented by: Meredith Addy of Tabet DiVito & Rothstein LLC; Ali Dhanani of Baker Botts LLP