Patent Venue Ruling Gives Another Chance to Transfer Cases

Defendants in patent infringement lawsuits may get another chance to transfer their cases to their preferred court, after an appeals court ruling Nov. 15.

The U.S. Court of Appeals for the Federal Circuit said the U.S. Supreme Court’s ruling in TC Heartland LLC v. Kraft Foods Grp Brands LLC, which made it harder for plaintiffs to choose the venue of their choice, was a change in law. The decision opens the door for defendants to request venue transfers on the grounds that the plaintiff chose the wrong court, even if they hadn’t raised the issue previously.

District courts have been ...