Patent Venue Under § 1400(b): The patent venue statute provides that a civil action for patent infringement "may be brought in the judicial district where the defendant resides, or where the defendant has committed acts of infringement and has a regular and established place of business." The district court sided with the patentee — holding that venue is proper so long as the plaintiff alleges that the defendant performed at least one step of the claimed method in the forum district. The venue statute asks where the defendant “has committed acts of infringement.” If an “act of infringement” of a method claim requires performance of all steps (as NTP holds for § 271(a)), then venue should likewise require all steps to occur in the district.
Author: Dennis Crouch
Published at: 2026-01-27 21:50:14
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