[20180220]LSB10079_在哪里可以起诉公司侵犯专利权？第一部分.pdf

CRS INSIGHT Prepared for Members and Committees of Congress Legal SidebarLegal Sidebari i Where Can Corporations Be Sued for Patent Infringement? Part I Updated February 20, 2018 In May 2017, the U.S. Supreme Court issued arguably the most important patent decision in several years, TC Heartland v. Kraft Foods Group Brands, which overturned the U.S. Court of Appeals for the Federal Circuit (Federal Circuit)s longstanding precedent regarding where proper venue lies in patent infringement cases. The venue statute specifically applicable to patent infringement lawsuits requires plaintiffs to file: (1) in the judicial district where the defendant “resides,” or (2) “where the defendant has committed acts of infringement and has a regular and established place of business.” Since 1990, the Federal Circuit the court with exclusive, nationwide jurisdiction over most patent appeals had interpreted “resides” in such a manner that allowed domestic corporations to be sued for patent infringement wherever they are subject to a courts personal jurisdiction. For nearly 30 years, plaintiffs relied on this interpretation to “forum shop” and sue domestic corporations in almost any federal district c