July 19, 2017 Articles

Patent Litigation in an Undermanned District of Delaware after TC Heartland

The District of Delaware has long been a hotbed for intellectual property litigation.

By Alan R. Silverstein and Stephanie E. O’Byrne – July 19, 2017

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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