Federal Circuit Tightens Patent Venue Rules
2017 has proven itself to be yet another important year in developments in patent infringement litigation, and one of the most noteworthy of these developments is the fundamental change to patent venue provisions that the Supreme Court introduced in the summer of 2017 with its landmark decision in TC Heartland and the subsequent Federal Circuit decision in In re Cray. The Federal Circuit’s decision is providing much needed guidance for how to apply the new venue rules established in TC Heartland. Taken together, these decisions have significantly narrowed the range of venues that a plaintiff can choose from when bringing a new patent infringement action and have already had an immediate and profound impact on forum shopping practices in patent infringement actions.
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