New Jersey is a popular venue for filing patent infringement lawsuits. As the “Medicine Chest of the World,” comprising thousands of biopharmaceutical, biotechnology, medical technology, medical device and diagnostic companies, the District of New Jersey (D.N.J.) is the logical forum for many life science patent suits. On May 22, the Supreme Court decided TC Heartland v. Kraft Foods Group Brands, which fundamentally changed the patent venue landscape. 137 S. Ct. 1514 (2017). This article will discuss TC Heartland and its impact on litigation around the country, with a particular focus on the D.N.J.
The patent venue statute, 28 U.S.C. §1400(b), provides that patent infringement suits “may be brought in the judicial district where the defendant resides, or where the defendant has committed acts of infringement and has a regular and established place of business.” A defendant may challenge venue by moving to dismiss for improper venue under Federal Rule of Civil Procedure 12(b)(3), or by moving for a venue transfer in the “interest of justice” under 28 U.S.C. §1404(a) or §1406(a). A venue objection, however, must be “timely and sufficient.” 28 U.S.C. §1406(b).
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