In re: BigCommerce, Inc., No. 18-120 (Fed. Cir. 2018)Annotate this Case
Diem and Express filed patent infringement suits against BigCommerce in the Eastern District of Texas. BigCommerce is incorporated in Texas and lists Austin, Texas, where it is also headquartered, as its registered office. Austin lies in the Western District of Texas. BigCommerce has no place of business in the Eastern District. During the discovery phase of the cases, the Supreme Court issued its 2017 decision, “TC Heartland,” which reaffirmed that a domestic defendant corporation “resides” under 28 U.S.C. 1400(b) only in its state of incorporation. BigCommerce moved to dismiss Diem’s case and transfer Express’s case, arguing that it resides only in the Western District. The court denied the motion. The Federal Circuit disagreed, holding that a domestic corporation incorporated in a state having multiple judicial districts “resides” for purposes of the patent-specific venue statute, 28 U.S.C. 1400(b), only in the single judicial district within that state where it maintains a principal place of business, or failing that, the judicial district in which its registered office is located.