Where Patent Cases Are Fought: Venue, Standing, and the Economics of Assertion
By Casey Scott McKay ·
Where a patent case is filed determines how fast it moves, what it costs, and what it settles for, often more than the merits do. This article explains the patent venue statute and the narrowing of it that redistributed patent litigation across the country, how transfer motions actually work, when a declaratory judgment action is available and what it accomplishes, and the standing rules that decide who may sue at all. It then turns to the economics: how assertion entities structure cases, why litigation funding changed the volume, how demand campaigns are priced against defense costs, and what the customer suit exception and the joinder provisions do to multi-defendant campaigns. It closes with the International Trade Commission as a parallel forum and with the fee-shifting exposure that runs both ways.
IP and Technology > Patent Litigation | Article | Published 3 April 2025 - Updated 20 November 2025 | Casey Scott McKay - marksy.us
Summary. Where a patent case is filed determines how fast it moves, what it costs, and what it settles for, often more than the merits do. This article explains the patent venue statute and the narrowing of it that redistributed patent litigation across the country, how transfer motions actually work, when a declaratory judgment action is available and what it accomplishes, and the standing rules that decide who may sue at all. It then turns to the economics: how assertion entities structure cases, why litigation funding changed the volume, how demand campaigns are priced against defense costs, and what the customer suit exception and the joinder provisions do to multi-defendant campaigns. It closes with the International Trade Commission as a parallel forum and with the fee-shifting exposure that runs both ways.
Keywords: patent venue, regular and established place of business, transfer of venue, declaratory judgment, personal jurisdiction, standing, all substantial rights, exclusive licensee, non-practicing entity, patent assertion entity, litigation funding, demand letter, customer suit exception, International Trade Commission, section 337, exclusion order, joinder of defendants, multidistrict litigation, fee shifting, nuisance value settlement
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