Patent Venue Discovery

Plaintiffs opposing a motion to dismiss or transfer for improper venue under 28 U.S.C. § 1400(b) have several tools for seeking early discovery of facts to support a finding that venue is proper. Included among those tools are interrogatories and requests for production. Use the templates and guidance linked below for venue-related discovery.

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Related Content

• Interrogatories on Proper Venue under 28 U.S.C. § 1400(b) (Patent Owner to Accused Infringer)
  Use this template, with practical guidance and drafting notes, to seek early discovery of facts that may support proper venue in response to a motion to dismiss or transfer for improper venue under 28 U.S.C. § 1400(b).

• Venue Rules and Practice for Patent Infringement Litigation
  Brush up on the law of venue in patent litigation and evaluate proper venue in your case.

• Venue (Patent Infringement Litigation) Checklist
  Follow the steps in this checklist to determine the proper venue in your patent infringement litigation.

• Venue Transfer Factors in Patent Litigation Chart (Regional Circuit)
  Utilize this chart to find the factors considered in deciding motions to transfer under 28 U.S.C. § 1404(a) and the key cases to cite by circuit.

• Improper Venue in Patent Infringement Litigation: Moving to Dismiss or Transfer
  Consider the right issues when determining whether venue in a patent infringement action is proper and take the right steps to challenge venue if it is not.

• Patent Litigation Rules and Practice before Judge Alan Albright W.D. Tex.
  Review analysis of venue transfer motions before Judge Albright in the Western District of Texas.

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