The Federal Circuit recently made an important ruling concerning the proper venue for patent infringement suits. The decision by the Federal Circuit did not change the current interpretation of the venue statutes and companies will continue to be brought into court in such locations as the Eastern District of Texas, despite having minimal contacts with such locations.
In re TC Heartland LLC, — F.3d —, 2016 WL 1709433 (Fed. Cir. Apr. 29, 2016), the Plaintiff, Kraft Foods Group Brands LLC, brought a patent infringement suit against Defendant, TC Heartland LLC (“Heartland”), in the United States District Court for the District of Delaware. Heartland moved to dismiss the case or transfer venue to the Southern District of Indiana.
In support of its motion, Heartland argued that it is an Indiana limited liability company with its headquarters in Indiana. Id. at *1. Heartland further argued that it had a minimal presence in Delaware, including that it was not registered to do business in Delaware, and that only 2% of sales of the Continue reading