In an order issued May 14, 2018, the Court of Appeals for the Federal Circuit vacated a District Court order that denied a motion to dismiss for improper venue. The Court held that, in challenges to venue under 28 U.S.C. §...more
In a pending mandamus petition, the Federal Circuit signaled that it will address the issue of which party bears the burden of proof when venue is challenged in a patent infringement action. In re ZTE (USA), No. 2018-113...more
The Supreme Court recently upended what many practitioners considered to be the status quo on the issue of where venue lies in patent infringement actions. These cases have a special governing provision in 28 U.S.C. § 1400(b)...more