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Intellectual Property Litigation: Patent Venue: ‘Regular and Established Place of Business’ After ‘In re Google’
March 10, 2021
Litigation partners Eric Stone and Catherine Nyarady’s latest intellectual property litigation column, “Patent Venue: ‘Regular and Established Place of Business’ After ‘In re Google’,” appeared in the March 10 issue of the New York Law Journal. The authors discuss recent decisions in In re Google and certain post-Google cases, which interpret the “regular and established place of business” aspect of the patent venue statute. The statute restricts patent infringement actions to a judicial district where the defendant resides or where the defendant has committed acts of infringement and has a regular and established place of business. In Google, the Federal Circuit held that venue over Google was improper in the Eastern District of Texas, where Google servers were used in non-Google-owned datacenters but Google had no employees or agents there. Litigation associate Michael Milea assisted in the preparation of this article.
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