Jurisdiction and Venue

Jurisdiction and venue are two entirely separate concepts, though lay people often get the two confused.

Jurisdiction is the power conferred by the U.S. Constitution on a particular court to hear a certain type of case. The U.S. Code sets forth more specific rules about the courts’ powers. Visit our other pages in this section to learn more about jurisdiction in cases involving patents.

Venue refers to the particular geographic location (district, state, county) in which a court has the jurisdiction to hear and determine the matter. Typically, venue is proper in the place where an injury or legal wrongdoing occurs. According to 28 USC 1499 (b):

“Any civil action for patent infringement 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.”

Defendants can file a change of venue request in patent infringement cases for numerous reasons. There are a number of factors courts may sometimes consider when deciding whether to grant such request.

About Our Firm

Protecting your intellectual property rights is a complex business. If you suspect that your product might have been infringed, it may be advisable to rely on the expertise of an experienced IP rights lawyer to protect your rights. The Intellectual Property team at the Law Offices of James Scott Farrin is headed by Attorney Tara J. Williams, a patent attorney with more than 20 years of legal experience. The firm also has a unique contingency based Intellectual Property Department for certain infringement matters. The department’s goal is to assist small-business owners, artists and inventors to protect their creative endeavors when they may not otherwise have the resources necessary to do so. Call 1-866-760-4047, for a free, confidential review of your potential claim – or simply complete the contact form on the side of this page.