Scott Graham, Inside Counsel; Texas Judge Sets Patent Venue Test for a Post-TC Heartland World
"The first big post-TC Heartland shoe has dropped on the patent world.
U.S. District Judge Rodney Gilstrap of the Eastern District of Texas set down ground rules last week for maintaining cases in the district following the Supreme Court's decision in TC Heartland v. Kraft Foods resetting venue rules.
Gilstrap laid out four factors he will consider when deciding whether a company has a “regular and established place of business” that gives rise to venue. While a fixed physical presence such as a store or office will tend to be persuasive, “that is not a prerequisite to proper venue,” Gilstrap wrote. His rules appear to open the door for internet companies to continue being sued in the Eastern District in some circumstances."
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