John Murphy Article Examines Possible Revival of Venue Rule in Patent Litigation

Articles / February 3, 2017

Partner John Murphy authored an article published by Law360 on Jan. 30, 2017. In the article, “TC Heartland and the New Old Venue Rule,” Murphy analyzes the history and potential future of the venue rule for patent infringement suits, in particular the requirement that plaintiffs show the defendants have a “regular and established place of business” in the district in which a suit is brought. He notes that a case to be argued before the U.S. Supreme Court, TC Heartland v. Kraft, if decided in favor of the petitioner, will bring this venue issue back to prominence, and should result in an increase in motions to dismiss for improper venue. In view of this possibility, Murphy writes, “Frequent plaintiffs need to start thinking creatively about how they can establish venue in desirable districts, or what other, more viable, districts they think they can live with.”

Read the article (registration required).