Atl. Marine Constr. Co. v. U.S. Dist. Court for the W. Dist. of Tex.
571 U.S. 49 (2013) Cited 3,643 times 39 Legal AnalysesHolding that the correct procedural mechanism for enforcement of an FSC specifying a foreign forum is through a motion to dismiss for FNC
TC Heartland LLC v. Kraft Foods Grp. Brands LLC
137 S. Ct. 1514 (2017) Cited 429 times 108 Legal AnalysesHolding that domestic corporations "reside" only in their state of incorporation
Fourco Glass Co. v. Transmirra Corp.
353 U.S. 222 (1957) Cited 546 times 86 Legal AnalysesHolding section 1391(c) did not define a corporate defendant's residence under 28 U.S.C. § 1400(b) applicable to patent infringement suits
Trintec Ind. v. Pedre Promo. Prod
395 F.3d 1275 (Fed. Cir. 2005) Cited 242 times 5 Legal AnalysesHolding that tortious injury occurs where the infringing product is sold
VE Holding Corp. v. Johnson Gas Appliance Co.
917 F.2d 1574 (Fed. Cir. 1990) Cited 341 times 87 Legal AnalysesHolding that changes to the general venue statute meant that, in patent cases, corporations reside in every venue where personal jurisdiction is proper
In re Micron Tech., Inc.
875 F.3d 1091 (Fed. Cir. 2017) Cited 84 times 10 Legal AnalysesFinding venue challenges based on TC Heartland are not procedurally improper under Rule 12 if the matter was pending at the time TC Heartland was decided
In re Cordis Corp.
769 F.2d 733 (Fed. Cir. 1985) Cited 146 times 28 Legal AnalysesFinding venue proper in district where defendant's employees stored defendant's "literature, documents and products" in their in-district homes rather than in a separately leased or owned warehouse of the defendant
Westech Aerosol Corp. v. 3M Co.
CASE NO. C17-5067-RBL (W.D. Wash. Jun. 21, 2017) Cited 25 times 3 Legal AnalysesHolding that a § 1400(b)-based venue defense was not available between the denial of certiorari in VE Holding Corp. and the issuance of the TC Heartland decision
Cao Lighting, Inc. v. Light Efficient Design & Elec. Wholesale Supply Co.
Case No. 4:16-cv-00482-DCN (D. Idaho Oct. 11, 2017) Cited 12 timesHolding that physical location of distributors does not establish venue because the defendant "does not own, rent, lease, or occupy these locations or any other property or equipment in the state"
Tyler Co. v. Ludlow-Saylor Wire Co.
236 U.S. 723 (1915) Cited 80 times 1 Legal AnalysesFinding manufacturer, whose plant and home office were in St. Louis, lacked regular and established place of business in New York, as its New York conduct consisted solely of paying a single part-time salesman who solicited orders and forwarded them to St. Louis, paying a portion of rent on a room for the salesman, paying a portion of wages for a stenographer to support salesman, and shipping goods for one sale to a purchaser in New York
Rule 12 - Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing
Fed. R. Civ. P. 12 Cited 344,659 times 920 Legal AnalysesGranting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
Section 1391 - Venue generally
28 U.S.C. § 1391 Cited 27,694 times 197 Legal AnalysesFinding that venue lies where a "substantial part of the events or omissions giving rise to the claim" occurred
Section 1406 - Cure or waiver of defects
28 U.S.C. § 1406 Cited 14,066 times 52 Legal AnalysesRecognizing that transfer is proper to any district or division in which the action could have been brought
Section 1400 - Patents and copyrights, mask works, and designs
28 U.S.C. § 1400 Cited 2,148 times 320 Legal AnalysesIdentifying proper venue for copyright and patent suits