Is It Too Late to Challenge Venue in Your Patent Case? Probably.

Anyone concerned about abuse in patent litigation may want to take a closer look at the U.S. Supreme Court’s unanimous decision last month inTC Heartland LLC v. Kraft Foods Group Brands LLC: It upended nearly 30 years of practice in which plaintiffs’ attorneys have filed patent suits pretty much anywhere they wanted.

In the case, the high court clarified that, in Section 1400 (b) of the patent venue Statute, which limits where patent lawsuits can be filed, “resides” means where the defendant, assuming it is an entity, is incorporated.

The ruling could have a dramatic effect on the number of filings in ...