The University of Miami Business Law Review is hosting its third online symposium to discuss the potential ramifications of the pending U.S. Supreme Court’s decision in TC Heartland LLC v. Kraft Foods Group Brands LLC, which was argued on March 27, 2017.
In TC Heartland, the Court will determine whether the patent-venue statute, 28 U.S.C. § 1400(b), is the “sole and exclusive provision governing venue in patent infringement actions.” The Court’s decision could potentially put an end to the age-old practice of forum shopping, a version of which allows corporate defendants to be sued for patent infringement anywhere where they were subject to personal jurisdiction, including venues where a single alleged act of infringement occurred. If the Court strikes down the statute as unconstitutional, patent owners would only be able to sue companies for patent infringement in the state where that company is incorporated.
Fixing Forum Selling
Brian L. Frye and Christopher J. Ryan Jr.
Patent Venue Exceptionalism after TC Heartland v. Kraft
Ana Santos Rutschman