SOUTHEAST TEXAS RECORD

At the end of May this year, the Supreme Court unanimously clarified the law on venue in patent infringement lawsuits (see here). For 27 years, litigants had relied on a Federal Circuit decision, VE Holding Corp. v. Johnson Gas Appliance Co. (1990), that allowed patent owners to file suit virtually anywhere an infringing product was sold. In TC Heartland v. Kraft Foods Group Brands, the Supreme Court limited venue, and district courts are reaching different conclusions about whether litigants have waived venue arguments by not asserting them before TC Heartland.