Arguments at the U.S. Supreme Court on Monday may lead to a change in rules on an important and divisive issue—where a corporation can be sued for patent infringement. Currently, corporate defendants may be hauled into court in jurisdictions where they have little or no presence, which has resulted in roughly 40 percent of infringement suits in the United States being filed in one federal court in Marshall, Texas.
With more than 30 amicus briefs filed from the likes of retailers, tech companies, law professors and trade groups in TC Heartland v. Kraft Foods Group Brands, it’s clear there’s a lot at stake. For in-house counsel, the high court’s perspective stands to have major effects on patent litigation strategies and costs.
