The US Supreme Court this week held that the broad venue provision of 28 U.S.C. § 1391(c) does not apply to patent law—at least, when the defendant is a domestic entity. This decision arises after years of judicial interpretation of two seemingly interrelated statutory provisions regarding “residency” in patent cases. In a boon for accused infringers, the Supreme Court has held that “‘reside[nce]’ in § 1400(b) refers only to the State of incorporation.” Slip op. at 10. The decision has significant consequences for Hatch-Waxman litigants and for litigants under the Biologics Price Competition and Innovation Act (BPCIA)...
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