BIO and AUTM Submit Amicus Brief in Patent Venue Case, TC Heartland LLC v. Kraft Food Group Brands LLC (U.S. Supreme Court)

BIO and the Association of University Technology Managers (AUTM) submitted an amicus brief in TC Heartland, LLC v. Kraft Food Group Brands LLC at the Supreme Court of the United States.

BIO and AUTM have a strong interest in a balanced and fair patent enforcement system. BIO has a strong interest in ensuring its members can enforce their patents in convenient and logical forums – such as where they are engaged in efforts to commercialize their patented inventions.

At the same time, BIO and AUTM recognize manipulating patent venue in an abusive manner is not sound policy and is not necessary to protect the legitimate interests of patent holders.

There has been a significant concentration of patent-infringement suits in the Eastern District of Texas. BIO’s members are often defendants in patent suits, not just plaintiffs – and BIO does not believe it is good for the system if more than 40% of patent cases come up through a single district.

But attempting to resolve those issues through this case would do significantly more harm than good. This case presents the court with a binary choice limited to patent suits. BIO and AUTM say the court should either dismiss this case or should affirm, rather than legislating an obsolete approach to venue that Congress has not endorsed.