Heartland, is an Indiana limited liability company that is not
registered to do business in Delaware and does not have any regular
or established place of business in Delaware. It was sued for
patent infringement in the District of Delaware and its motion to
dismiss or transfer the action under 28 U.S.C. §1406 was
denied. In the pending Federal Circuit mandamus action it filed,
In re TC Heartland, Heartland has
asked the court to reconsider its interpretation of the patent
venue statute 28 U.S.C. §1400(b).
For a court to adjudicate a case, it has to have jurisdiction,
both personal jurisdiction over the defendant and subject matter
jurisdiction. But the place, or venue, where the case will be
adjudicated depends upon where venue is proper. The patent venue
statute, 28 U.S.C. §1400(b), provides that a civil
action for patent infringement may be brought in the judicial
district where the defendant resides, or where the
defendant has committed acts of infringement and
