Federal Circuit Overturns Gilstrap’s Venue Test

September 22, 2017

The Federal Circuit has overturned the Eastern District of Texas’s test for determining proper venue under a key part of the patent venue statute. In a June 29 order, District Judge Rodney Gilstrap established a four-part, “totality of the circumstances” test for establishing venue under the “regular and established place of business” prong of 28 USC § 1400(b), also declining to transfer a suit filed by Raytheon against competitor Cray (2:15-cv-01554). However, on September 21, the Federal Circuit granted a petition for writ of mandamus filed by Cray, reversing Judge Gilstrap’s denial of Cray’s transfer motion and ruling that he had abused his discretion by misinterpreting the patent venue statute (2017-0129).

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