Patent Litigation's Uncertain Intersection Between Venue And Alternative Service Of Process

It is no secret, in patent litigation, some venues are seen as "plaintiff friendly". Plaintiffs have tried a litany of approaches to establish venue in those popular districts—with varying success—and alternative service of process is a recent method.

It is critical for chief IP officers at multinational corporations who are defending US patent litigation to be mindful of how US patent holders might utilise alternative service rules to reach a favoured venue. Staying keenly aware of the interplay between service and venue will enable international litigants to make better strategic decisions in their defence.

The Hague Convention explicitly contemplates a nation's ability to make its own laws and to enforce service of process on corporations headquartered in that nation. So, before permitting alternative service on foreign defendants, courts continue to require, usually, that plaintiffs attempt service of process through traditional channels. That has not stopped