CAFC Declines To Change Venue Standard

Federal Circuit panel today rejected TC Heartland's Petition for Mandamus to direct the United States District Court for the District of Delaware to either dismiss or transfer the patent infringement suit filed against it by Kraft. Heartland had argued that the 2011 amendments to the venue statute have changed the patent venue standard to permitting venue only where a defendant resides or where the defendant allegedly infringes the patent and has a place of business. In rejecting Heartland's petition, the broad availability of venue under VE Holding stands.

Title 28 U.S.C. chapter 87 governs venue in the district courts: Section 1391 addresses venue generally, and §1400(b) addresses venue for patent infringement, i.e., "the judicial district where the defendant resides, or where the defendant has committed acts of infringement and has a regular and established place of business."  In Fourco Glass Co. v. Transmirra Products Corp., 353 US 222 (1957), the Supreme Court