Category Archives: Patent Law

Brown Wegner McNamara LLP weighs in on the Supreme Court’s landmark T.C. Heartland decision

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The United States Supreme Court’s recent decision in T.C. Heartland, LLC v. Kraft Foods Group Brands, LLC (Case No. 16-341) addressed the venue rules in patent infringement cases. As counsel for the Orange County Intellectual Property Law Association, Brown Wegner McNamara LLP filed an amicus brief in the United States Supreme Court supporting the petitioner. The Firm argued that, properly construed, 28 U.S.C. section 1400(b) is the sole and exclusive provision governing venue in patent infringement actions, and that as a result, a corporate defendant may only be sued in the district in which it “resides”—not any state in which it may be subject to personal jurisdiction. On May 22, 2017, the Supreme Court agreed with petitioner’s and the Firm’s position, holding in an 8-0 decision that a domestic corporation “resides” only in the state of incorporation for purposes of the patent venue statute, and that plaintiff in a patent…

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