Federal Circuit rejects Gilstrap’s test for patent venue
The Federal Circuit has reversed an Eastern District of Texas refusal to transfer the Cray case, and rejected Judge Gilstrap’s test for determining patent venue. This includes the appeals court stating there must be a physical, geographical location in the district from which the business of the defendant is carried out
The Federal Circuit has struck down
the four-factor test for patent venue outlined by Judge
Gilstrap of the Eastern District of Texas.
In the Raytheon v Cray opinion in June, Gilstrap laid out
the four factors of physical presence,
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