Where Can You Sue a Patent Infringement Defendant?

MARK TERRY, ESQ.

Patent-infringement venue is governed by federal law, including 28 U.S.C. § 1400(b). A civil action may generally be brought where the defendant resides, or where the defendant committed acts of infringement and maintains a regular and established place of business.

When the defendant is located outside the forum state, the court must also have personal jurisdiction. That analysis usually focuses on whether the defendant purposefully directed activity toward the forum, whether the claim arises from that activity, and whether exercising jurisdiction would be fair and reasonable.

For product manufacturers and sellers, the “stream of commerce” theory can become important. Placing products into a distribution system with the expectation that they will be purchased in a state may support minimum contacts, although courts have not applied the theory uniformly.

Practical takeaway: Before filing, a patent owner should evaluate both venue and personal jurisdiction. The strongest forum is typically one where the defendant resides, conducts meaningful business, or has directly connected sales and infringement activity.