Creative Representation | Expert Litigation

Supreme Court’s TC Heartland Decision Will Change Geography of Patent Litigation

by W. Paul Schuck

May 2017 – The Supreme Court has overruled decades-old Federal Circuit precedent regarding proper venue for patent infringement cases in TC Heartland v. Kraft Foods Group Brands. Under this new decision, parties may only be sued for patent infringement: (1) where the party is incorporated; or (2) where the party has committed acts of infringement and has a regular and established place of business.  The Court’s ruling likely will reduce the number of patent cases in the Eastern District of Texas dramatically and will increase the number of cases in some other district courts, including the Northern, Central and Southern Districts of California.

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