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Brandon G. Smith( left) and Payson LeMeilleur(right) of Knobbe Martens.

Over a year ago, the Supreme Court held in TC Heartland v. Kraft Food Groups, that venue for patent suits against domestic corporations is limited to either the defendant’s state of incorporation, or where the defendant has a regular place of business and committed allegedly infringing acts. TC Heartland caused a dramatic shift in the location of patent infringement suits, most notably pulling suits out of the Eastern District of Texas. TC Heartland left a number of open questions. Recent Federal Circuit and district court opinions have sought to answer at least some of these questions. This article summarizes some of those opinions and offers some suggestions on how they may affect California corporations in various scenarios.

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