On March 11, 2016, a panel of Federal Circuit judges (Kimberly Moore, Richard Linn and Evan Wallach) heard oral argument in the TC Heartland case, which could dramatically affect venue choices in patent infringement litigation. TC Heartland, the accused infringer, argues that current patent infringement venue analysis is wrong. Instead of venue being proper in forums having personal jurisdiction over the defendant, a 2011 amendment to the U.S. Code means that venue in patent infringement actions is only proper only where: (1) a defendant is incorporated; or (2) it has committed acts of infringement and has a regular and established place of business. In this article, Finnegan attorneys Doris J. Hines and Andrew G. Strickland discuss the oral argument in the TC Heartland case.
Previously published by Law360
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