TC Heartland v. Kraft Foods

Is This The End of Forum Shopping in Patent Litigation? 

Today the Supreme Court takes up yet another patent infringement case to decide on the debated issue of venue in TC Heartland LLC. v. Kraft Foods Group Brands LLC. Among the prominent story lines for the the courts and associated media is the back and forth struggle between the Supreme Court and the Federal Circuit along with the flagrant forum shopping taking place in the Eastern District of Texas and the District of Delaware.

The question in TC Heartland is whether the patent venue statute § 1400(b) is the sole and exclusive provision governing venue in patent infringement actions without supplement by the general venue statute § 1391(c)?

Highlights of this article include:

  • High-level overview of TC Heartland and Kraft Food positions
  • Commentary on the effect this case may have on the IP space
  • How big data and analytics can be used to aid companies in avoiding lawsuits like this one

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