Fed. Circ. Says Only 1 District Per State Can Be Patent Venue
Summary
Rebuking Eastern District of Texas Judge Rodney Gilstrap, the Federal Circuit ruled Tuesday that when companies are incorporated in states with multiple judicial districts, only one is the proper venue for a patent lawsuit, negating decisions that allowed suits in every district.
The appeals court granted a pair of petitions for writs of mandamus by BigCommerce Inc. and vacated Judge Gilstrap’s decisions denying the e-commerce software company’s motions to transfer two patent infringement suits against it out of the Eastern District of Texas.
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BigCommerce is represented by Mark A. Lemley, Clement S. Roberts and Timothy C. Saulsbury of Durie Tangri LLP.
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