Jan 13, 2016

Will the Patent Venue Statute be Reinterpreted?

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… Read more