I addressed the T.C. Heartland case in a previous blog. The result of this case basically requires that a patent infringement suit must be brought in a district where the defendant resides or where the infringement occurred and where the defendant has a “regular and established” place of business. Understanding this ruling is crucial for planning litigation strategies.
Turns out servers don’t cut it.
“Maintaining equipment [servers] is meaningfully different from…the actual producing, storing, and furnishing to customers of what the business offers,” according to the Court in re Google LLC, case no. 19-126 (Fed. Cir. Feb. 13, 2020). The case brought by Super Interconnect must now be dismissed from Texas, or presumably transferred to Mountain View, California where Google resides.
For more information on litigation services offered by Thrive IP(R), please click here.