as informed in The U.S. Court of Appeals for the Federal Circuit, the nation’s top patent court, has since 1990 given patent owners wide latitude to determine where a defendant “resides” for purposes of jurisdiction.
The court became the most popular forum after District Court Judge T. John Ward took the bench in 1999 and set out to attract patent lawsuits.
TC Heartland said that conflicts with a 1957 Supreme Court precedent setting a narrower standard.
The case centers on whether Kraft Heinz Foods Co. could sue an Indiana company, TC Heartland LLC, in Delaware on claims it copied patented containers for water enhancers.
The case is TC Heartland v. Kraft Foods Group Brands, 16-341.
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Supreme Court Considers Why Patent Trolls Love Texas
That decision said defendants in patent cases, as in other cases, may be sued essentially anywhere they do business.
The 1957 decision interpreted a federal law about where patent suits may be filed.
On Monday, Justice Elena Kagan noted a curiosity about the 1990 decision: It was at odds with a 1957 Supreme Court precedent.
Advertisement Continue reading the main storyThe argument was almost over before the justices discussed the question of forum shopping at length.
Advertisement Continue reading the main storyThe patent law has not changed, but a more general one on where suits may be brought has gone through amendments.
collected by :Sofia Iden
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