Before the U.S. Supreme Court handed down its decision in TC Heartland LLC v. Kraft Food, patent law suits could be filed anywhere that a defendant does business. However, under the Supreme Court's ruling, patent lawsuits must be filed in a state where the infringer "resides" or its place of incorporation. This will now limit patent owners from filing cases in favorable courts such as the Eastern District of Texas. Many practitioners believe that a large portion of patent lawsuits will shift to Delaware, where many companies are incorporated, and to the Northern District of California, which is home to a number of technology companies. In an interview with Law360, Finnegan partner Doris J. Hines said, "There may be some evening out [of patent lawsuits across districts], but certainly, those will remain really popular."
Supreme Court of the United States (SCOTUS), Eastern District of Texas, District of Delaware, Northern District of California
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