Federal Circuit Provides Framework For Establishing Venue In Patent Cases

This past week, the U.S. Court of Appeals for the Federal Circuit issued its decision in In re Cray, providing guidance on application of the patent venue statue. In granting a writ of mandamus and transferring the case from the Eastern District of Texas, the court identified three requirements for establishing whether a defendant has a "regular and established place of business" within a judicial district. The court explained that "(1) there must be a physical place in the district; (2) it must be a regular and established place of business; and (3) it must be the place of the defendant." Noting that "no precise rule has been laid down and each case depends on its own facts," the court reasoned that the requirements inform whether the necessary elements exist for patent venue.