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Messing with Texas: How TC Heartland Changed Patent Venue

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In May 2017, the Supreme Court issued a decision in TC Heartland v. Kraft Food Brands overturning years of precedent on proper venue for patent cases. For over two decades, patent holders could sue alleged infringers in essentially any federal court nationwide. This led to a disproportionate number of patent infringement cases being filed in certain courts perceived to favor patent holders. The TC Heartland decision will likely make it harder for patent holders to forum-shop their way into favorable outcomes. Thus, some have labeled the TC Heartland decision a sea change for patent infringement actions.

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