RESOLVED, That IPO confirms its support for legislation to limit venue in patent suits in order to curb forum shopping by patent owners and declaratory judgment plaintiffs and, specifically, IPO supports an amendment to section 1400(b) of title 28, United States Code, to limit venue to a judicial district:
- where the defendant has its principal place of business or is incorporated;
- where the defendant has committed acts of infringement and has a regular and established physical facility;
- where activities relating to the invention — such as inventing, substantial research and development, or manufacturing – have taken place;
- where a plaintiff or a subsidiary has a place of business that is engaged in substantial: (a) management of research and development or manufacturing activities, related to the patent or patents in dispute; (b) research and development; or (c) manufacturing activities; or
- for foreign defendants that do not meet any of the above, according to section 1391(d) of this title.
