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- njd;;2:17-cv-04439_de12 RegisterActionDate "2017-05-24" @default.
- njd;;2:17-cv-04439_de12 RegisterActionDescriptionText "ORDER: The federal patent venue statute provides that "[a]ny 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." 28 U.S.C. § 1440(b). On May 22, 2017, the United States Supreme Court issued a decision holding that, for purposes of § 1400(b), a domestic corporate defendant "resides" only in its state of incorporation. TC Heartland LLC v. Kraft Foods Grp. Brands LLC, No. 16-341,--S. Ct.--, 2017 WL 2216934, at *3 (May 22, 2017). The Court observes that, according to the complaint filed in this action, Defendant PNY Technologies, Inc. is incorporated in Delaware and has its principal place of business in New Jersey. Compl. paragraph 2. The complaint does not allege that Defendant has a regular and established place of business in the Southern District of New York. Accordingly, Plaintiff is directed to file a letter, no later than May 29, 2017, describing its views on the impact of TC Heartland on the choice of venue in this case. The Court expects that Plaintiff's views will inform the Court's decision regarding how to approach the issue of venue in this case if and when Defendant is served and appears. (Signed by Judge Gregory H. Woods on 5/23/2017) (mro) (Entered: 05/24/2017)" @default.
- njd;;2:17-cv-04439_de12 AdministrativeID "8" @default.
- njd;;2:17-cv-04439_de12 hasJudgeReference SJ000782 @default.