Potter Anderson Poised for TC Heartland Uptick in Patent Litigation
By unanimous 8-0 vote, the Supreme Court reversed the Federal Circuit’s decision in TC Heartland LLC v. Kraft Food Group Brands LLC, and definitively established that, for purposes of the Patent Venue Statute (28 U.S.C. § 1400(b)), a corporation resides where it is incorporated. The decision reverses decades of precedent by the Federal Circuit and District Courts holding that the definition of corporate residency in the broader general venue statute (28 U.S.C. § 1391(c)) also applied to the Patent Venue Statute. The District of Delaware, the host forum to 64% of Fortune 500 companies, expects a significant uptick in new filings in view of today’s holding.
Potter Anderson’s patent litigation group stands among the top tier of peer-rated Delaware firms. Led by Phil Rovner, Dave Moore and Jonathan Choa, the patent litigation group is prepared to advise its clients regarding this momentous change and what many expect to be an increased wave of litigation in Delaware.