Recent Supreme Court Venue News for Patent Litigation

On Wednesday September, 20th 2017, attorneys from Brooks Kushman P.C. gave an informational brief to MSU College of Law on several recent intellectual property case holdings. Most notable was the Supreme Court of the United States (SCOTUS) finding on a venue case, TC Heartland v. Kraft Foods.

Until recently, the Eastern District of Texas has been a haven for plaintiffs suing for patent infringement. This is because historically, courts favored their claims and penalized defendants for infringement. The SCOTUS, re-established a precedent in TC Heartland, that when 28 U.S.C. § 1400(b) remains the only applicable law for determining venue. TC Heartland LLC v. Kraft Foods Group Brands LLC.

In order to determine appropriate venue for patent infringement cases, plaintiffs are restricted to either of two locations: (1) the judicial district where the defendant “resides;” or (2) where the defendant has committed acts of infringement and has a regular and established place of business. 28 U.S.C. § 1400(b). In 1957, SCOTUS held that for purposes of § 1400(b) a domestic corporation “resides” only in its state of incorpo­ration, and that the broader meaning of “resides” in the general venue statute, 28 U. S. C. §1391(c), was not intended to read into § 1400(b). See Fourco Glass Co. v. Transmirra Products Corp., 353 U.S. 222, 229 (1957).  Before TC Heartland, plaintiffs exercised a broader, interpretation for establishing a place of business standard when choosing venue; in order to establish minimum contact with a state, a defendant need only to have continuous and systematic contacts with the intended state. This made nearly every state a potential candidate for any defendant who had sales nationwide.

As a result of the TC Heartland decision, defendants in the Eastern District of Texas are now filing change of venue motions in effort to push plaintiffs to incur additional costs to continue litigation. Such strategy potentially taxes plaintiffs into settlement or dismissal. At the very least, a change in venue may give the defendant a fairer shot with the courts.

Please Like, Comment, and Share.

If you find this thought interesting, please consider reading more in my book!


Click here to purchase on Amazon- on sale! $2.99 ebook!

Click here to Like on Facebook!


“Andrae captures insight and pearls of wisdom from the military’s most senior leaders, calling them Procedures, Techniques, and Rules. These strategies, if applied with discipline, can provide efficiency to your day-to-day routine and increase your overall well-being.”

“Procedures, Techniques, Rules… I Wish I Learned in School is a resource tool that offers bottom-line instructions on a range of habits that have proved beneficial to our nation’s leading authorities.” “Andrae has taken his experiences from sitting down to talk with leaders, such as former Secretary of Defense, Donald Rumsfeld; Chairman of the Joint Chiefs of Staff, General Martin Dempsey; and Korean War hero, General Paik Sung-yup, and consolidated the lessons learned about life. Useful techniques are broken down into the simplest forms that relate to finances, health, parenting, and mind-set—all of which, if they had been reinforced and learned in our youth would have paid back seven times over. It’s never too late to become better. Enjoy.”

~Andrae Ballard is a graduate of the United States Military Academy at West Point where he was commissioned as an Infantry Officer. He has served at every echelon from platoon through Corps level operations. He has also served as an adjunct professor at Central Texas College, teaching in the Mathematics Department. He holds a BS in Systems Engineering from West Point and an MS from Central Michigan University in Human Resources Administration. 
~Andrae’s most recent assignments include serving as the Aide-de-Camp to the 8th Army Commanding General in Yongsan, Korea, as well as the Public Affairs Officer for the Special Operations Command Korea Commanding General. His deployments include multiple combat tours in Operation Iraqi Freedom and Operation Enduring Freedom (Afghanistan). 
~Andrae is a graduate of the United States Army Command and General Staff College, as well as the United States Army Jumpmaster and Ranger Schools. He is the COO of Alexander Graham Properties LLC, an organization that provides resources and consultation to those in need of financial help. 
~Andrae has spoken throughout the world, helping people to hone their leadership skills and potential and has assisted many, helping them to establish a clear and effective strategy to meet their life goals.

Please note: I reserve the right to delete comments that are offensive or off-topic.

Leave a Reply

Your email address will not be published. Required fields are marked *