Understanding Venue in IP Cases

Venue is the geographic location in which a legal injury is declared to have been done, or fact of law is declared to have happened, and thus determines which court has proper authority to hear and decide a matter.

According to 28 USC 1499(b), venue in patent infringement cases is determined as follows:

“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.”

Courts have interpreted the first phrase “where the defendant resides” as follows:

• The residence of an individual person is the place of domicile.
• The residence of a corporation is the state of incorporation, even if the principal office is in another state.
• The residence of an unincorporated association or partnership is its principal place of business.

The second phrase: “Where the defendant has committed acts of infringement and has a regular place of business” is more controversial, and is often the subject of dispute.

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.