Looking for Venue in the Patently Right Places: A Parallel Study of the VENUE Act and Venue in ANDA Litigation

Author(s)

Mengke Xing

Details

Faculty editor: Lawrence A. Alexander
Publication: Law Review
Volume: 55
Issue: 1
Start Page: 183
Month: March
Year: 2018
Type: Comment
Instititional Repository (IR): View full article

Abstract

Like any other type of litigation, venue is often an important strategic decision for patent infringement litigants. Under the traditional nation-wide venue rule, a patent owner was able to sue a corporate defendant almost in every district in the country, giving rise to abusive forum shopping and the popularity of the Eastern District of Texas. Last year, the Supreme Court in TC Heartland dramatically changed the legal framework of venue in patent litigation, while leaving some issues unaddressed. After a discussion of the evolvement of venue laws and the significance of TC Heartland, this Comment focuses on the Venue Equity and Non-Uniformity Elimination (VENUE) Act of 2016 as the optimal solution to venue reform. By drawing a comparative study of the VENUE Act and venue in Abbreviated New Drug Application (ANDA) litigation, this Comment will illustrate how the VENUE Act will achieve the goals of deterring forum shopping, promoting judicial efficiency, and affording patent owners sufficient choice to enforce their rights.