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Gilstrap sets four-factor test for Eastern District of Texas patent venue

Michael Loney, New York

In response to motions to dismiss or transfer cases based on improper venue, Judge Gilstrap of the Eastern District of Texas has laid out four factors for determining “regular and established place of business” – physical presence, defendant’s representations, benefits received and targeted interactions with the district

Judge Rodney Gilstrap in the Eastern District of Texas, who has the busiest patent docket of any US district court judge, has laid out a four-factor test for keeping cases in the district post-TC Heartland.

In an order ruling that...

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