Court Dismisses for Improper Venue under TC Heartland

In a May 24, 2018 ruling, Judge Nathan S. Roman dismissed the plaintiffs’ patent infringement action for improper venue. The defendant conceded that it had committed acts of alleged infringement in the District, but argued that it was incorporated in Ohio and did not have “a regular and established place of business” in the District as required under the patent venue statute, 28 U.S.C. § 1400(b). So, the defendant argued, venue is improper in this District under the Supreme Court’s TC Heartland ruling.Judge Roman first rejected the plaintiffs’ contention that the defendant waived the argument, noting it “is evident that prior to TC Heartland, filing a motion for improper venue based on an argument that Defendant was not incorporated in New York, would have been in direct contravention of Federal Circuit law.” As to the merits of the venue issue, in light of the defendant’s concession of alleged infringing acts in the…

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