The U.S. Supreme Court announced earlier this month it will hear the appeal of a patent infringement case brought by Kraft Foods Group Brands LLC against zero-calorie sweetener manufacturer TC Heartland LCC.

Kraft alleges the Indiana-based TC Heartland’s “water enhancers” infringe three Kraft patents. But what the high court actually will consider are the rules that allowed the case to be filed in U.S. District Court in Delaware even though neither company is based there.

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But Delaware might be an even better forum for patentees. Stanford law professor Mark Lemley notes, given the data, “across a variety of likely preferences … patent lawyers seem to overvalue the Eastern District of Texas and undervalue the District of Delaware.” That, of course, is bad news for TC Heartland.