The patent venue statute, 28 USC 1400(b) states that a patent infringement suit may be brought in the judicial district where the defendant “resides” or where the defendant has a regular and established place of business and commits acts of infringement. This decision holds that for purposes of this statute a corporation “resides” only in the state of its incorporation. The Supreme Court has so interpreted the patent venue statute and its predecessors since 1942. Though 28 USC 1391 defines “residence” more liberally for most venue purposes, the patent venue statute sets its own stricter definition, and there is no indication that Congress intended to revise that definition when it amended section 1391.
United States Supreme Court (Thomas, J.); May 22, 2017; 2017 WL 2216934