BigCommerce: Venue in States with Several Districts

I previously wrote about Judge Gilstrap’s decision in BigCommerce and the somewhat complex issue of venue in multi-district states.  Even though BigCommerce is a Texas corporation, it argues that venue is improper in E.D.Tex. because the company HQ is in Austin (S.D.Tex.).  Judge Gilstrap disagreed and now Mark Lemley and his team have filed a petition for writ of mandamus to the Federal Circuit. The issue begins with the statute – 28 U.S.C. 1400(b) states that a “civil action for patent infringement may be brought in the judicial district where the defendant resides…”  In TC Heartland the Supreme Court’s central holding is that “a domestic corporation ‘resides’ only in its State of incorporation for purposes of the patent venue statute.”  TC Heartland LLC v. Kraft Foods Group Brands LLC, 137 S. Ct. 1514 (2017).  On its face, that…

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