On May 22, 2017, the Supreme Court voted 8-0 to reverse the Federal Circuit’s decision in TC Heartland LLC v. Kraft Food Group Brands LLC, definitively establishing that, for purposes of the Patent Venue Statute (28 U.S.C. § 1400(b)), a corporation resides where it is incorporated. The decision reverses decades of precedent by the Federal Circuit and district courts holding that the definition of corporate residency in the broader general venue statute (28 U.S.C. § 1391(c)) also applied to the Patent Venue Statute.
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