Get Supreme Court Is Not Done Hearing Patent Cases - Paul Hastings

Patent infringement lawsuits are heard almost exclusively in the federal district courts, while appeals in patent infringement cases are heard exclusively by the federal appellate courts—and since 1982, the U.S. Court of Appeals for the Federal Circuit.

Any civil action for patent infringement may be brought in the judicial district where the defendant resides, or where the defendant has committed acts of infringement and has a regular and established place of business.

The patent holder can sue in any federal court where the infringed product is found. Patent lawsuits are time-consuming. Depending on where you live, these suits can take years to get to trial. Patent holders must bring infringement actions within six years from the date of infringement.

By statute, all cases “arising under” patent law must be heard exclusively by the federal courts (not state courts) and, on appeal, by the Federal Circuit (not the twelve regional circuits).

The U.S. Code grants district courts original jurisdiction of any civil action arising under any Act of Congress relating to patents, plant variety protection, copyrights and trademarks. However, cases involving patent license agreements implicate federal patent law issues and state contract interpretation issues.

By statute, all cases “arising under” patent law must be heard exclusively by the federal courts (not state courts) and, on appeal, by the Federal Circuit (not the twelve regional circuits).