US Supreme Court clarifies definition of corporate residence for purpose of patent venue

Abstract

TC Heartland LLC v Kraft Foods Group Brands LLC, 581 US __ (2017), Supreme Court of the United States, 22 May 2017 The US Supreme Court unanimously held that ‘a domestic corporation “resides” only in its state of incorporation for purposes of the patent venue statute.’ The court reversed the decision of the United States Court of Appeals for the Federal Circuit, rejecting a line of authority which dates back to at least 1990 in VE Holding Corp. v Johnson Gas Appliance Co., 917 F.2d 1574 (Fed. Cir. 1990), in which the Federal Circuit held that the statutory definition of corporate residence found in the general venue statute is incorporated into the patent venue statute. The patent venue statute, 28 USC §1400(b), provides: [a]ny civil action for patent infringement may be brought 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.