Interrogatories on Proper Venue under 28 U.S.C. § 1400(b)
(Patent Owner to Accused Infringer)

Summary

This is a template for a plaintiff patent owner's interrogatories in district court litigation seeking early discovery of facts that may support the proper venue for use in responding to the defendant's motion to dismiss or transfer for improper venue under 28 U.S.C. § 1400(b). This template includes practical guidance and drafting notes. Unless otherwise stipulated or ordered by the court, Fed. R. Civ. P. 33 limits the number of interrogatories that you can serve to 25, including discrete subparts. Therefore, use interrogatories only to request information not readily obtainable from requests for production under Fed. R. Civ. P. 34, depositions, initial disclosures under Fed. R. Civ. P. 26(a), or any mandatory disclosures under local patent rules. These interrogatories should be tailored to the venue issues in your case, taking into account Fed. R. Civ. P. 26(b) 's proportionality factors. Rule 26(b) limits discovery to matters proportional to the needs of the case based on several ...