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TC Heartland LLC v. Kraft Foods Group Brands LLC: The Supreme Court Decision Will Essentially Eliminate Patent Forum Shopping, Allowing Patent Holders To Defend At Home

On May 22, 2017, the Supreme Court published its decision in TC Heartland LLC v. Kraft Foods Group Brands LLC, 581 U.S. __ (2017), concerning venue in a patent infringement suit.  The question before the Court was whether the 2011 amendment to the general venue statute 28 U.S.C. §1391 replaces the definition announced in Fourco, and in so doing would allow a plaintiff to bring a patent infringement lawsuit against a corporation in any district in which the corporation is subject to personal jurisdiction.  Petitioner TC Heartland, is organized under Indiana law and headquartered in Indiana.  Respondent Kraft Foods, organized under Delaware law sued for patent infringement in Delaware, alleging that TC Heartland's product sold in Delaware infringed one of Kraft's patents.

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