Improper Venue in Patent Infringement Litigation: Moving to Dismiss or Transfer


Summary

A complaint may only be filed in a federal judicial district in which venue is proper. Title 28 U.S.C. § 1400(b) provides the special venue rules for actions for patent infringement, while the general venue statute, Title 28 U.S.C. § 1391, governs other actions that might relate to a patent, including declaratory judgment actions. This practice note discusses the main issues to consider when determining whether venue in a patent infringement action is proper and if not, how to challenge venue, including applicable statutes, timing and preliminary steps, procedural issues, residence under Section 1400(b), infringement and REPOB under Section 1400(b), and remedy for improper venue.