06 March 2017
Washington DC
Reporter: Barney Dixon

Kraft: It’s Congress’s call


US Congress should address patent venue questions rather than the judiciary, Kraft Foods has argued in its brief to the Supreme Court.

The brief, which was filed with the court on 1 March, argued that TC Heartland’s argument should be “addressed to Congress, which has been actively considering detailed proposals to change patent venue”.

TC Heartland wants the Supreme Court to rule that the patent venue statute is the sole regulation governing where infringement suits can be filed, which would bring so-called ‘forum shopping to an end in the US.

But Kraft argued that TC Heartland’s question has already been answered by a 2011 statute that it “barely acknowledges”.

“The undefined term ‘resides’ or ‘residence’ appears in venue statutes throughout the US code and the lack of a statutory definition had left courts struggling to ascertain the residence of an individual, an unincorporated business or a corporate plaintiff.”

“The definitions adopted in 2011 answered all of those questions, for all venue statutes. And Heartland no longer disputes that under the 2011 definition, it resides in Delaware, where this suit was brought.”

Kraft argued that, instead, TC Heartland contends that Congress meant to leave patent infringement cases out of the statute. “Congress meant to define ‘residence’ for all venue purposes except patent-venue purposes.”

“The text, history, and structure of the venue statutes all refute that argument.”

“Ultimately TC Heartland and its amici are just arguing that, as a policy matter, corporations should enjoy a dramatically broader venue privilege in patent-infringement cases than they enjoy in other cases.”

Kraft added: “That argument should be addressed to Congress, which has been actively considering detailed proposals to change patent venue.”

The case is set for argument in the Supreme Court on 27 March.

More news
The latest news from IPPro Patents
Join Our Newsletter

Sign up today and never
miss the latest news or an issue again

Subscribe now
Cabinet Plasseraud promotes four to partner
21 February 2018 | Paris | Reporter: Barney Dixon
Cabinet Plasseraud has appointed for intellectual property attorneys to partner
NPE litigation in Europe sees continued growth
20 February 2018 | Brussels | Reporter: Barney Dixon
NPE litigation and enforcement in Europe has increased by an average almost 20 percent year-on-year since 2007, according to a new report from Darts-IP
BakerHostetler hires IP partner
19 February 2018 | Los Angeles | Reporter: Barney Dixon
BakerHostetler has hired Troy Schmelzer as partner in its intellectual property group
Sheppard, Mullin, Richter & Hampton promotes four to partner
16 February 2018 | California | Reporter: Barney Dixon
Sheppard, Mullin, Richter & Hampton has promoted four intellectual property attorneys to partner across its Shanghai, San Diego and San Francisco offices
Latest EPO employment proposals under fire
15 February 2018 | Munich | Reporter: Barney Dixon
The latest version of a proposal to scrap permanent employment contracts at EPO for the “modernisation” of its employment framework has come under fire
Munck Wilson Mandala hires IP associate
14 February 2018 | Dallas | Reporter: Barney Dixon
Munck Wilson Mandala has hired Chad Ray as senior associate in its Dallas, Texas office
Anaqua partners with Ceva Santé Animale
13 February 2018 | Boston | Reporter: Barney Dixon
Animal healthcare company Ceva Santé Animale has chosen Anaqua to manage its intellectual property portfolio