January 01, 2018

iWitness: Where Will All the Patent Cases Go? The Aftermath of TC Heartland

Charles B. Walker and Dino Arslanagic

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The Eastern District of Texas has been ranked in the top 10 of the most popular venues for patent cases since 2000. In fact, since 2005, the Eastern District has enjoyed the number one rank. Its top ranking in patent venue may be in jeopardy, though, as the Supreme Court’s decision in TC Heartland LLC v. Kraft Foods Group Brands LLC, 137 S. Ct. 1514 (2017), attempts to limit the venues available in patent cases. The Supreme Court’s decision triggers many questions: Where will future patent cases go? Will the decision in TC Heartland trigger a shift in the landscape of patent venues? How do e-commerce businesses fit into the current patent venue framework?

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