Washington, D.C., partner and co-chair of the Intellectual Property group Bob Stoll was recently featured in an IP Watchdog article titled, “Industry Reaction to SCOTUS Patent Venue Decision in TC Heartland v. Kraft Food Group.”
Bob and other IP industry professionals gave their thoughts on the Supreme Court’s unanimous decision to reverse the Federal Circuit’s ruling, which means that, going forward, patent owners will have to sue patent infringers in a district court in the state where the infringer is incorporated.
Bob gave his thoughts on what the decision would mean for the IP community:
The TC Heartland decision finds venue proper where the defendant: (1) resides, which now means where defendant is incorporated and (2) where the defendant has committed acts of infringement and has a regular established place of business. It will be interesting to see how this plays out and what choices the plaintiffs will make. Does this mean that the plaintiffs could go after the stores in Texas that sell the alleged infringing products? Also will the intellectual property community now seek legislation to again reset the needle or will we wait to see how this all works? And what does this mean for foreign companies? We shall see.