[20180220]LSB10080_在哪里可以起诉公司侵犯专利权？第二部分.pdf

CRS INSIGHT Prepared for Members and Committees of Congress Legal SidebarLegal Sidebari i Where Can Corporations Be Sued for Patent Infringement? Part II February 20, 2018 As discussed in Part I of this two-part Sidebar, in May 2017, the U.S. Supreme Court in TC Heartland v. Kraft Foods Group Brands, 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 cases 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.” In TC Heartland, a unanimous Supreme Court concluded that a domestic corporation accused of patent infringement “resides” only in its state of incorporation. While Part I provides background on patent venue law jurisprudence and discusses the impact of the TC Heartland decision on the patent litigation system generally, this Part discusses other implications of the decision, including two notable recent decisions in the Federal Circuit interpreting the decision,