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‘Place Of Business’ To Be New Patent Venue Battleground

Law360

26 May 2017
Reprinted with permission.

The TC Heartland decision opened the door for a new argument about what constitutes a company’s “place of business.” According to partner Hector G. Gallegos in the Law360 article “‘Place Of Business’ To Be New Patent Venue Battleground,” companies will be looking for any aspect of their operation that could be tied to the Eastern District of Texas.

“Plaintiffs will look at every potential contact, no matter how remote,” he said.

He added that existing decisions on the place of business issue were “squarely in the context of brick and mortar locations. They did not address e-commerce business models, which will be a fertile area for litigation.”

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