The U.S. Supreme Court’s 2017 decision in TC Heartland v. Kraft Foods Group Brands interpreted the patent venue statute (28 U.S.C. § 1400(b)) to mean that domestic companies reside in the judicial district where they are incorporated. Given that a significant number of corporations are incorporated in Delaware, the District of Delaware became the dominant venue for patent infringement filings in the wake of the TC Heartland decision. Given that Delaware has long been an active jurisdiction for patent law, patent litigation filings in Delaware afford parties a sense of how the court will treat various patent-specific substantive and procedural issues.

If your corporation is involved in patent litigation in Delaware, the case will be decided by a knowledgeable judge who has a sophisticated understanding of patent law. While some attorneys in Massachusetts have a basic understanding of Delaware courts, they generally do not possess the depth of knowledge that may be required to review a situation and adequately advise the client. Harbor Law Group is unique in that it provides its clients with direct access to attorneys who are knowledgeable about Delaware laws and experienced in Delaware courts.