Where to File Patent Infringement Cases in the US

Patent infringement cases in the United States can be filed in federal courts, and there are specific venues and jurisdictions where these cases can be heard. The location of the filing is important for various strategic, logistical, and legal reasons.

 1. Federal District Courts

Patent infringement lawsuits are primarily filed in federal district courts because patent law is federal law, and only federal courts have the authority to handle patent disputes.

• Key District Courts for Patent Infringement Cases:
  
  
  • Eastern District of Texas (ED Texas): Historically, one of the most popular venues for patent infringement lawsuits, known for its relatively faster pace and pro-patent-holder rulings.
  • Northern District of California (ND Cal.): Another common jurisdiction, particularly for cases involving tech companies and Silicon Valley.
  • District of Delaware (D. Del.): This district is often chosen because many companies are incorporated in Delaware, making it a convenient venue.
  • Southern District of New York (SDNY): A prominent district for major companies and complex litigation.
    
    

Factors in Choosing the Venue

• Where the defendant is located: You can file the case in the district where the defendant resides or does business.
• Where the infringement occurred: If the defendant is conducting business or committing infringement in a specific district, that district may have jurisdiction.
• Convenience and expertise of the district court: Some courts have more experience with patent cases or may offer faster timelines or other advantages.
  
  

 2. US International Trade Commission (ITC)

• The International Trade Commission (ITC) can be another venue for patent infringement cases, but it only handles cases involving importation of infringing goods into the US
  
  
• ITC Process:
  • The ITC can issue an exclusion order that prevents the infringing goods from being imported into the US
  • The ITC process is faster than district court litigation and focuses on the import of goods, rather than the sale of products in the US
  • The ITC has the authority to issue a cease-and-desist order to stop the infringing products from being sold.

Advantages of ITC:

• Expedited process: ITC cases tend to be resolved more quickly than federal court cases (usually in about 12-18 months).
• Strong remedies: The ITC can issue exclusion orders that prevent the import of infringing products into the US
  
  

3. US Court of Appeals for the Federal Circuit (CAFC)

• If a patent infringement case has already been decided in a district court and one of the parties wants to appeal the decision, the case will be taken to the US Court of Appeals for the Federal Circuit (CAFC). The CAFC is the only appellate court that hears patent appeals.
• The Federal Circuit specializes in patent law, and its decisions are binding across all district courts. The CAFC does not hear new evidence but reviews the legal aspects of the case, such as the interpretation of patent claims and procedural issues.
  
  

4. Considerations in Choosing the Venue:

When deciding where to file a patent infringement case, several factors play a role in the choice of venue:

• Defendant's location: Where does the alleged infringer do business or have a physical presence?
• Where the infringement occurred: Can the plaintiff demonstrate that the infringement occurred in a particular district?
• Jurisdictional rules: Some district courts may be more favorable to patent holders than others, and certain districts may have more experienced judges or faster litigation timelines.
• Convenience: The location of witnesses, evidence, and resources can be a deciding factor. The plaintiff and defendant may prefer a venue that is geographically convenient.

Key Takeaways

• Federal District Courts: These are the primary venues for patent infringement cases in the US
• ITC: For cases involving the importation of infringing goods into the US, you can file with the ITC.
• Federal Circuit: Appeals from district court decisions are handled by the Court of Appeals for the Federal Circuit.

Venue Considerations: Choose a district based on factors like that defendant's location, where the violation took place, and other logistical factors.