Patent Venue Still Unsettled Five Years After TC Heartland

On June 26, 2017, the ruling in TC Heartland v. Kraft Foods established that the venue for patent cases had to be where defendants were incorporated or had regular and established places of business. The ruling adjusted the number of case filings in certain districts due to higher numbers of established places of business. After five years of the change in venue rule, some patent practitioners argue that the patent venue law is established. Finnegan partner James Barney noted that companies may have more nuance in whether a franchise constitutes an established place of business. 

James explained that the analysis in the case of franchises would depend on the details of the franchise agreement. Different contact agreements could lead to different conclusions on venue. He added that courts will need to address venue-related disputes on a case-by-case basis, stating, “As each of these fact patterns gets resolved, that will provide more clarity.”

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