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Federal Circuit rejects Gilstrap’s test for patent venue

Michael Loney, New York


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

Federal Circuit building 285The 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, defendant’s...


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