On Friday, March 11, 2016, the Federal Circuit heard oral arguments in In re TC Heartland, LLC on the issue of venue in patent cases in light of the Federal Courts Jurisdiction and Venue Clarification Act of 2011 amendments to 28 U.S.C. § 1391. Kraft Foods sued TC Heartland in Delaware, and TC Heartland moved to dismiss the action on the basis that venue was not proper in Delaware. The district court denied TC Heartland’s motion, whereupon TC Heartland filed a petition for a writ of mandamus in the Federal Circuit. Although the outcome of the case is far from certain, the potential impact of an opinion granting the writ could be significant and could have implications that could affect parties to recently filed patent infringement lawsuits.
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