HCBA Lawyer Magazine Vol. 28, No. 1 | Page 47

TC HEARTLAND TRANSFERS TROLLS Intellectual Property Section Continued from page 44 defendant’s state of incorporation. The most popular district for transfer motions is the Eastern District of Texas, where defendants have sought to transfer out of the infamous patent litigation capital. Some district judges in the Eastern District of Texas have wrestled with methods of keeping cases in front of them. One method for doing so has been to focus on the second prong of the patent venue statute, which provides that venue is appropriate in the district where the defendant infringed the plaintiff ’s patent if the defendant has a regular and established place of business there. One judge, Judge Gilstrap from the Eastern District of Texas, 1<2;?3?.>;??8697??,??4>5=?0=+/<- fashioned a new four-part test for determining whether a defendant has a “regular and established place of business” within a district. Under the four-part test, the court considers: (1) the defendant’s physical presence in the district, (2) the defendant’s representations regarding its presence in the district, (3) the benefits the defendant has received from business in the district, and (4) whether there were any targeted interactions with the district. Raytheon Co. v. Cray, Inc., No. 2:15-cv-01554-JRG, 2017 WL 2813896, at *10 - 14 (E.D. Tex. June 29, 2017). None of the factors alone are dispositive; rather, the inquiry should focus on “whether a domestic business enterprise seeks to materially further its commercial goals within a specific district through ways and means that are ongoing and continuous.” Id. at 14. Although the Supreme Court definitively decided the meaning of “resides,” the ultimate test regarding proper venue in patent cases is still being litigated. It remains to be seen whether district court