Choosing Your Turf: A Brief Overview of Venue in Patent Cases. By S. Christian Platt and James V. Fazio III. Intellectual Property Today. October 2006.
By S. CHRISTIAN PLATT
Patent infringement cases are filed all over the country and yet, invariably, parties seek to have cases transferred to other districts for a variety of reasons. The principle statute under which transfer is typically sought in patent cases is 28 U.S.C. §1404(a). Section 1404(a) allows a district court to transfer a case to any other district where the lawsuit could initially have been brought for the convenience of the parties and witnesses.