Sarah Brooks and Adam Kwon published “Serving Server Farms: Proper Patent Venue Remains Uncertain in 2020” in the Daily Journal. The following is an excerpt:
Although it might seem simple, venue for patent cases under Section 1400(b) has evolved considerably over the years, expanding and contracting under liberal and narrow interpretations. The patent venue statute states, “Any civil action for patent infringement may be brought in the judicial district [1] where the defendant resides, or [2] where the defendant has committed acts of infringement and has a regular and established place of business.” 28 U.S.C. Section 1400(b).
Although it might seem simple, venue for patent cases under Section 1400(b) has evolved considerably over the years, expanding and contracting under liberal and narrow interpretations. The patent venue statute states, “Any civil action for patent infringement may be brought in the judicial district [1] where the defendant resides, or [2] where the defendant has committed acts of infringement and has a regular and established place of business.” 28 U.S.C. Section 1400(b).