In re Google LLC

APPEAL NO.
19-126
OP. BELOW
DCT
SUBJECT
Patent
AUTHOR
Dyk

Issue(s) Presented

“Whether a defendant who keeps computer equipment in the facility of a third party in a judicial district has a ‘regular and established place of business’ in that district under the patent venue statute. 28 U.S.C. § 1400(b).”

Holding

“We conclude that the Eastern District of Texas was not a proper venue because Google lacked a ‘regular and established place of business’ within the district since it has no employee or agent regularly conducting its business at its alleged ‘place of business’ within the district.”