Client Alert - Supreme Court Limits Patent Venue Options

On May 22, 2017, the Supreme Court overturned decades of Federal Circuit precedent, holding that the patent venue statute was not broadened by the later-amended general venue statute. This holding will have significant dampening effect on cases brought in certain jurisdictions, such as E.D. Texas and other venues considered patent-friendly. Moreover, venues like the District of Delaware may experience a swell of patent cases as patentees seek to avoid jurisdictions where a defendant has a place of business.