CAFC Will Not Revisit Its Google Servers Decision

May 17, 2020

On February 13, 2020, the Federal Circuit held in In re: Google (2019-0126) that the “regular, physical presence of an employee or other agent of the defendant conducting the defendant’s business” is required “at the alleged ‘place of business’” to establish venue. The decision undercut an expansive reading of the patent venue statute by District Judge Rodney Gilstrap of the Eastern District of Texas, holding in 2018 (in Seven Networks v. Google) that certain Google servers maintained in an ISP data center were enough to establish venue. Last week, the Federal Circuit indicated that it will not revisit its mid-February ruling, either through a panel rehearing or a hearing of the full court.

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