On May 22, 2017, in TC Heartland LLC v. Kraft Foods Group Brands LLC, the Supreme Court unanimously held that 28 U.S.C. § 1400(b) is the exclusive provision controlling venue in patent cases, and that under this provision a corporation “resides” only in the state of incorporation. In view of the Supreme Court’s ruling, patent owners are limited to suing for infringement only in venues where the defendant corporation is incorporated or where the defendant has committed acts of infringement and has an established place of business. This is a significant narrowing of the venues available for patent holders to bring suit.
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