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Intellectual PropertyCivil ProcedureFeaturesLitigationPatent LitigationThe Intellectual Property Strategist

Affirmation of the Alien Venue Rule

By Brian Kramer and Kevin T. Kwon
July 01, 2018

The Federal Circuit recently addressed motions to transfer and drew a distinction between motions filed under 28 U.S.C. §1404(a) based upon the convenience of parties and witnesses and those filed under 28 U.S.C. §1406(a) for improper venue. In re: HTC Corp., 889 F.3d 1349, 1352 (Fed. Cir. 2018). The Federal Circuit further closed a potential venue loophole created by TC Heartland LLC v. Kraft Foods Group Brands LLC, 137 S.Ct. 1514, and clarified that the Supreme Court's recent decision did not supplant the long-standing rule that venue laws do not protect foreign defendants. In re: HTC, at 1357.

HTC Corporation, a Taiwanese corporation, and its U.S. based subsidiary HTC America, Inc., were sued for patent infringement in the District of Delaware. Both HTC entities moved to dismiss for improper venue pursuant to Federal Rule of Civil Procedure 12(b)(3) or, in the alternative, to transfer the case to the Western District of Washington where HTC America, Inc. has its principal place of business. The district court granted as to HTC America but denied as to HTC Corporation, and HTC Corporation subsequently petitioned the Federal Circuit for a writ of mandamus.

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