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James S. Green Jr

In a highly anticipated opinion that many observers expect will have a significant impact on patent litigation, the U.S. Supreme Court unanimously ruled that a domestic corporation resides only in its state of incorporation for purposes of patent venue. The ruling reverses long-standing Federal Circuit precedent that interpreted “resides” in the patent venue statute, 28 U.S.C. Section 1400(b), to confer venue in nearly any forum where a defendant was subject to personal jurisdiction. Now, a defendant in a patent infringement action may be sued only in the defendant’s state of incorporation or where the defendant has “a regular and established place of business” and also committed acts of infringement.

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