Your patent has been infringed by Big Company.
Big Company does substantial business in every state of the United States.
In fact, Big Company does enough business to subject it to personal jurisdiction in every Federal District Court in every state of the United States.
Where can you sue Big Company for patent infringement?
Generally speaking, where you can sue for patent infringement, is based, at least in part, on the patent venue statute, 28 U.S.C. 1400(b), and the general federal venue statute, 28 U.S.C. 1391(c).
The patent venue statute, 28 U.S.C. 1400 (b), specifies:
“(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.” 28 U.S.C. 1400(b).
The general federal venue statute, 28 U.S.C. 1391(c) specifies in part:
“…(2) an entity with the capacity to sue and be sued in its common name under applicable law, whether or not incorporated, shall be deemed to reside, if a defendant, in any judicial district in which such defendant is subject to the court’s personal jurisdiction with respect to the civil action in question and, if a plaintiff, only in the judicial district in which it maintains its principal place of business; …” 28 U.S.C. 1391(c)(2).
The Federal Circuit, in VE Holding Corp. v. Johnson Gas Appplicance Co., 917 F.2d 1574 (Fed. Cir. 1990) examined the patent venue statute and the general federal venue statute and determined that a defendant is deemed to reside in any judicial district in which it is subject to personal jurisdiction for patent infringement cases.
Some may argue that the Federal Circuit wrongly decided VE Holding Corp. by incorrectly interpreting the U.S. Supreme Court precedent of Fourco Glass Co. v. Transmirra Products Corp., 353 U.S. 222 (1957).
However, U.S. District Courts appear to have consistently applied the patent infringement venue rationale of VE Holding Corp., since that case was decided.
The end result is that Big Company may be sued for patent infringement in any judicial district of the U.S.
This is one situation where the little guy actually gets a break, since this effective nationwide venue allows an Inventor with limited funds to sue Big Company for patent infringement in the Inventor’s home district and home state.
Regardless of this advantage, patent litigation can still be very expensive, complicated, and time consuming, and any inventor thinking of undertaking such an arduous process should first consult with a patent attorney, such as Walter J. Tencza Jr., Esq., PATENTNOW.COM®.
Copyright 2014 Walter Jr. Tencza, Jr. , Esq., All Rights Reserved.
Legal Disclaimer- the information provided herein is not legal advice. Transmission of this information is not intended to create, and receipt by you does not constitute, an attorney / client relationship. Although effort has been made to ensure that the answers are correct, Law Office of Walter Jr. Tencza Jr. and Patentnow.com® cannot and does not offer any warranty, express or implied that the answers contained are accurate statements of law. This document is provided for informational purposes only. Viewers must not act upon any information without first seeking advice from a qualified attorney outside the context of this document.
