What Happened

Before 2017, patent plaintiffs could sue almost anywhere the defendant did business. A company selling products nationwide could be sued in any district. Then the Supreme Court decided TC Heartland and changed everything. Now venue is proper only where the defendant is incorporated or has a regular and established place of business.

Why It Matters

This was a huge win for defendants, especially tech companies incorporated in Delaware but operating everywhere. Before TC Heartland, they could be sued in plaintiff-friendly districts like the Eastern District of Texas. After TC Heartland, many cases moved to the Northern District of California, Delaware, or other more appropriate venues.

But the story didn't end there. Patent plaintiffs found a new favorite forum: the Western District of Texas, particularly Judge Alan Albright's Waco division. Waco offered fast trials, predictable procedures, and a reputation for being plaintiff-friendly. Filings surged—over 1,000 cases in 2021 alone.

The Federal Circuit has pushed back, granting mandamus petitions to transfer cases out of Waco when defendants have minimal connection to the district. But Waco remains popular, and the venue battle continues.

What You Should Know

If you're suing for patent infringement, venue selection is strategic. Consider the judges, the local rules, the speed to trial, and the jury pool. But make sure you have a legitimate basis for filing there.

If you're defending, challenge improper venue early. A successful transfer motion can move your case to a more favorable forum.

Venue isn't just procedure—it's strategy. Choose wisely.