Brief of Professors of Patent Law and Civil Procedure as Amici Curiae in Support of Respondent in TC Heartland LLC v. Kraft Food Prods. Group

Abstract

Over the past decade, the Supreme Court has frequently reversed the Federal Circuit for adopting procedural rules for patent cases that differed from those that apply in other federal cases. TC Heartland v. Kraft Foods likewise concerns the Federal Circuit’s approach to a procedural issue in patent cases, namely, venue. However, unlike in the prior cases before the Court, the Federal Circuit is not an outlier on this issue. Rather, the Federal Circuit’s interpretation of the venue statute is consistent with the statute’s plain language and with broader historical trends in venue law. While the petitioner and amici in support of petitioner raise important policy questions about forum choice in patent cases, Congressional legislation or alterations to personal jurisdiction doctrine by this Court are more appropriate avenues of reform.