Google's Servers Hosted by Third Parties Do Not Establish Patent Venue

In In re Google LLC, No. 2019-126 (Fed. Cir. Feb. 13, 2020), the Federal Circuit held that venue was improper in the Eastern District of Texas because Google’s servers did not qualify as a “regular and established place of business.”

Google contracted with internet service providers (“ISPs”) to host Google’s servers within the district. The contracts stated that Google would provide the server equipment, and the ISPs would install and maintain the servers and provide network access. Super Interconnect Technologies LLC (“SIT”) sued Google for patent infringement in the district. The district court denied Google’s motion to dismiss for improper venue under 28 U.S.C. § 1406(a). Google petitioned for mandamus seeking to reverse the venue decision.