Supreme Court Unanimously Changes Where Patents May Be Litigated

Yesterday, in TC Heartland LLC v. Kraft Foods Group Brands, No. 16-341, the United States Supreme Court significantly changed the geography where future patent infringement suits can be filed. The patent venue statute, 28 U.S.C § 1400(b), provides that a patent-infringement lawsuit may be brought either (1) in a State where the defendant resides or (2) where the defendant has committed acts of infringement and has a regular and established place of business. In TC Heartland, the Supreme Court concluded that the "residence requirement" of the patent venue statute refers only to the State of incorporation of domestic corporations. By interpreting "resides" as "is incorporated," the Supreme Court has significantly restricted where patent owners can file infringement lawsuits.