Less than two months ago, the Supreme Court handed down its decision in TC Heartland v. Kraft Food Group Brands LLC—which significantly changed the way that venue in patent infringement cases would be determined. Under TC Heartland, infringement actions can only be filed where the defendant is incorporated, or where the defendant has committed acts of infringement and has a regular and established place of business. Since TC Heartland was decided, the district courts have been flooded with motions to transfer cases to different venues.
In what could be the first post-TC Heartland venue decision rendered there, a District of Massachusetts court recently granted a defendant’s motion to transfer a patent infringement case to New Jersey. The plaintiff had originally sued the defendant for patent infringement in the Eastern District of Texas, despite the fact that the defendant is a Delaware corporation with its principal place of business in Newark, New Jersey. Soon thereafter, the defendant moved to transfer the case to the District of New Jersey—but while that motion was pending, the parties instead agreed to transfer the case to Massachusetts, a venue that was proper under pre-TC Heartland case law. Continue Reading