Notable Case – TC HEARTLAND LLC v. KRAFT FOODS GROUP BRANDS LLC

Notable Case – TC HEARTLAND LLC v. KRAFT FOODS GROUP BRANDS LLC

Today the United States Supreme Court issued their opinion in TC HEARTLAND LLC v. KRAFT FOODS GROUP BRANDS LLC.   This case is very important because the United States Supreme Court clarified the venue in which a patent infringement lawsuit may be filed.

The venue is the geographical location of a court where a case can be filed.  Venue should not be confused with jurisdiction which is a separate and much more complicated subject.

The patent venue statute, 28 U. S. C. §1400(b), provides that “any 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 has a regular and established place of business.” The issue that the United States Supreme Court needed to clarify was the definition of the word “reside”.

In the past patent infringement lawsuits could be filed in just about any federal court and venue would be considered proper. The United States Supreme Courts decision unambiguously states that a company resides in the state in which a company is incorporated.