Patent Law Practice Center

Selecting Forum And Venue For Your Patent Litigation

Trevor Carter, Partner at Baker & Daniels and Practice Center Contributor, and Dorothy R. Auth, Ph.D., Partner at Cadwalader, Wickersham & Taft, sent in this article reviewing the legal homework of determining jurisdiction and proper venue, and discussing considerations parties must make to select the proper forum and how to keep their patent case there through resolution.  Trevor Carter will be speaking at PLI’s 5th Annual Patent Law Institute in San Francisco on Monday, March 21st.  Here is an excerpt from the article….

Venue

Chapter 87 of the Judicial Code addresses venue for various types of civil actions.  There are general venue provisions[1] and special venue provisions.

Venue Statutes – Patent cases: 28 U.S.C. § 1400(b)

Venue for patent infringement cases and copyright cases is addressed under a special venue statute, 28 U.S.C. §1400.  In particular, the venue statute for patent cases is §1400(b), which reads:

Any 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.  § 1400(b). (more…)