Federal Circuit Declares TC Heartland Changed Patent Venue Law

A recent Federal Circuit decision may give further hope to some accused infringers still looking to transfer venue in the wake of the Supreme Court’s TC Heartland decision. On November 15, 2017, a Federal Circuit panel vacated the U.S. District Court for the District of Massachusetts’ denial of Micron’s motion to dismiss or transfer and declared that TC Heartland was a change in the law. In re: Micron Tech., Inc., No. 2017-138 (Fed. Cir. Nov. 15, 2017) (precedential). Continue reading

Federal Circuit Rejects E.D. Texas Patent Venue Test

In its first decision addressing patent venue since the Supreme Court’s ruling in TC Heartland LLC, the Federal Circuit struck down the patent venue test established by Judge Gilstrap of the U.S. District Court for the Eastern District of Texas. The Federal Circuit concluded that the district court “misunderstood the scope and effect” of Federal Circuit precedent in determining that patent infringement defendant Cray Inc. has a “regular and established place of business” in the Eastern District of Texas under the patent venue statute 28 U.S.C. § 1400(b) and abused its discretion in refusing to transfer venue. In re Cray Inc., No. 2017-129 (Fed. Cir. Sept. 21, 2017). In doing so, the Federal Circuit provided highly-anticipated clarification of what constitutes a “regular and established place of business.” Continue reading