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Venue victory

TC Heartland v Kraft Foods has left open “basic and undecided” issues relating to proper judicial administration in patent infringement cases, the US Court of Appeals for the Federal Circuit (CAFC) has said.

Further, the May 2017 Supreme Court of the US (SCOTUS) judgment left unanswered whether “the CAFC or regional circuit law governs the burden of proof” for determining the propriety of venue under §1400(b), and on which party that burden rests.

Issuing the warning while handing down In re: ZTE (USA) Inc, a post-TC Heartland landmark case, Circuit Judge Linn said, “These issues are likely to be repeated and present sufficiently exceptional circumstances.”

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