Anderson on Patent Law Venue

Jonas Anderson (American University – Washington College of Law) has posted Reining In a 'Renegade' Court: TC Heartland and the Eastern District of Texas (Cardozo Law Review, Vol. 39, No. 1569, 2018) on SSRN.  Here is the abstract: In TC Heartland v. Kraft Foods Group Brands, the Supreme Court tightened the venue requirement for patent cases, making it more difficult for a plaintiff to demonstrate that a district court has venue over a defendant. Many commentators, however, view TC Heartland as merely a “reshuffling” of the district courts that receive patent cases. Whereas before the case, a large percentage of patent cases were filed in the Eastern District of Texas, now, after TC Heartland, various other U.S. district courts (principally, the District of Delaware) have experienced an increase in patent infringement filings. Some commentators are unconvinced that this flow of patent cases out of the Eastern District of Texas and into the…

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