Establishing Proper Venue In Patent Cases

On February 5, 2019, the Federal Circuit denied rehearing en banc in In Re Google LLC, 2018-152 (Fed. Cir. Feb. 5, 2019), leaving unsettled the question of whether the presence of computer servers satisfies the "regular and established place of business" requirement for establishing proper venue in patent cases.

The Federal Circuit's decision stems from patent litigation initiated by SEVEN Networks, LLC against Google in U.S. District Court for the Eastern District of Texas. SEVEN Networks, LLC v. Google LLC, 2:17-cv-442-JRG (E.D. Tex.). In that case, SEVEN accused Google of infringing ten patents through its operation of the Google Play store. Google moved to dismiss or transfer the case for improper venue, arguing that because it did not have a regular and established place of business within the boundaries of the Eastern District of Texas, venue was improper under the patent venue statute, 28 U.S.C. § 1400(b).