On May 14, 2018, the Federal Circuit (Judge Linn, with Judges Reyna and Hughes) ruled on mandamus to address two important issues related to proper venue in a patent infringement case: 1) whether regional or Federal Circuit law governs the analysis of proper venue under 28 U.S.C. § 1400(b), and 2) which party bears the burden of persuasion on the issue when a defendant challenges proper venue.  The court held that Federal Circuit law applies, and the plaintiff bears the burden of persuasion.  In re: ZTE (USA) Inc., No. 2018-113 (Fed. Cir. May 14, 2018).

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