In In re TLC Heartland LLC, [2016-0105] (April 29, 2016), the Federal Circuit denied Heartland petition for mandamus directing the District of Delaware to either dismiss or transfer the patent infringement suit brought by Kraft against Heartland in the District of Delaware.<\/p>\n
Heartland\u00a0is a limited liability company organized\u00a0and existing under Indiana law and headquartered in\u00a0Indiana. \u00a0Heartland was not registered to do business in Delaware, has no local\u00a0presence in Delaware, has not entered into any supply
\ncontracts in Delaware or called on any accounts there to\u00a0solicit sales, although it did admit to shipping 44,707 cases of the accused product to the District of Delaware that\u00a0generated at least $331,000 in revenue.<\/p>\n
The Federal Circuit found that Heartland failed to show its right to mandamus was clear and indisputable, rejecting the argument that Heartland did not reside in Delaware for purposes of 28 U.S.C. \u00a7 1400(b), and rejecting the argument that the District Court lacked specific personal jurisdiction.<\/p>\n
The Federal Circuit rejected Heartland’s contention that amendments to the venue statute statutorily overruled VE Holdings<\/em>‘ determination 1988 amendments to the venue statute made the\u00a0definition of corporate residence in the general venue\u00a0statute, \u00a7 1391(c), apply to the patent venue statute, 28\u00a0U.S.C. \u00a7 1400.<\/p>\n The Federal Circuit also rejected Heartland;s argument that specific jurisdiction only gives the court jurisdiction over those acts occurring in the district. \u00a0The Federal Circuit rejected the result that to get jurisdiction over all of the acts of infringement, Kraft would have to sue in each state, or sue defendant where it is incorporated.<\/p>\n Venue continues as it has since VE Holdings<\/em> — a corporate infringer\u00a0can be sued wherever it can be found.<\/p>\n .<\/p>\n","protected":false},"excerpt":{"rendered":" In In re TLC Heartland LLC, [2016-0105] (April 29, 2016), the Federal Circuit denied Heartland petition for mandamus directing the District of Delaware to either dismiss or transfer the patent infringement suit brought by Kraft against Heartland in the District … Continue reading