For the first time since the U.S. Supreme Court’s landmark ruling in TC Heartland, the chief judge of Delaware’s district court this week said that companies must have a permanent and physical presence in the state to be sued for patent infringement.
In cases brought by Boston Scientific Corp. and Bristol-Myers Squibb Co., U.S. District Chief Judge Leonard P. Stark of the District of Delaware outlined the court’s approach for analyzing a key aspect of the patent venue statute that went unaddressed in the high court’s May 22 decision.
