http://www.corpcounsel.com/home/id=1202779702241/Is-Change-on-the-Way-for-Patent-Litigation-Venue-Rules?mcode=1202614998203&curindex=0&slreturn=20170123073658
John D. Simmons and Keith A. Jones, Corporate Counsel
Patent litigation may soon undergo a seismic geographical shift. According to 28 U.S.C. § 1400(b), venue is proper in a patent case “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.” For many years, starting with VE Holding Corp v. Johnson Gas Appliance Co., courts have interpreted this statute extremely broadly, allowing suits in any jurisdiction in which the defendant is subject to personal jurisdiction. This essentially allows a plaintiff to sue a defendant in any district in which that defendant sells its products, exposing large, nationwide companies to suit in nearly any venue a plaintiff desires. Commentators believe this leads to inconsistent results and plaintiffs seeking refuge in certain districts not for any reasons relating to their case, but simply because those districts are seen as friendly to plaintiffs.
