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Will the Federal Circuit weigh in on Judge Gilstrap’s patent venue test?

Michael Loney, New York


Consensus is growing that TC Heartland was not a change in the law, while a mandamus petition in the case in which Judge Gilstrap outlined a four-factor test for “regular and established place of business” is being closely watched by patent practitioners

The Federal Circuit will soon have a chance to weigh in on the appropriateness of the four-factor test for venue outlined by an Eastern District of Texas judge, and which was called "reprehensible" by a US Congressman last week.

This...


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