Federal Circuit Has an Opportunity to Curtail Patent Litigation Tourism in TC Heartland Case

Fairfield Inn, Tyler, Texas
Fairfield Inn, Tyler, Texas

This afternoon, the U.S. Court of Appeals for the Federal Circuit will hear oral arguments in In re: TC Heartland, LLC. The case implicates the fundamental issue of where plaintiffs alleging patent infringement can file suit. Washington Legal Foundation was one of only two institutions to file an amicus brief in support of TC Heartland’s mandamus petition. WLF agrees that the patent venue statute does not permit TC Heartland to be sued in the District of Delaware. But our brief asks the Federal Circuit to also overrule its 1994 Beverly Hills Fan Co. v. Royal Sovereign Corp. decision. That decision, which allows nationwide corporations to be sued in any federal district where it does business, has precipitated the current epidemic of forum shopping by patent trolls. The availability of forum shopping inspires frivolous litigation that diverts businesses’ resources from innovation. Continue reading “Federal Circuit Has an Opportunity to Curtail Patent Litigation Tourism in TC Heartland Case”