{"id":501542,"date":"2026-03-03T16:33:09","date_gmt":"2026-03-03T16:33:09","guid":{"rendered":"https:\/\/www.newsbeep.com\/us\/501542\/"},"modified":"2026-03-03T16:33:09","modified_gmt":"2026-03-03T16:33:09","slug":"redomesticating-to-texas-dont-overlook-patent-venue-patent","status":"publish","type":"post","link":"https:\/\/www.newsbeep.com\/us\/501542\/","title":{"rendered":"Redomesticating To Texas? Don’t Overlook Patent Venue – Patent"},"content":{"rendered":"

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\nFoley & Lardner LLP looks beyond the law to focus on the constantly evolving demands facing our clients and their industries. With over 1,100 lawyers in 24 offices across the United States, Mexico, Europe and Asia, Foley approaches client service by first understanding our clients\u2019 priorities, objectives and challenges. We work hard to understand our clients\u2019 issues and forge long-term relationships with them to help achieve successful outcomes and solve their legal issues through practical business advice and cutting-edge legal insight. Our clients view us as trusted business advisors because we understand that great legal service is only valuable if it is relevant, practical and beneficial to their businesses. <\/p>\n

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\n With redomestication being a topic of discussion for some companies, Texas has become a destination highly considered for reincorporation due to the new Texas Business Court and legislative reforms like SB 29, SB 1057, and SB 2337. \n <\/p>\n


\n United States
\n Intellectual Property \n <\/p>\n


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Foley & Lardner are most popular: <\/p>\n


\n within Coronavirus (COVID-19), Cannabis & Hemp and Insolvency\/Bankruptcy\/Re-Structuring topic(s) <\/p>\n

With redomestication being a topic of discussion for some
\ncompanies, Texas has become a destination highly considered for
\nreincorporation due to the new Texas Business Court and legislative
\nreforms like SB 29, SB 1057, and
\nSB 2337. However, for companies deciding to move
\ntheir corporate charter to Texas, the choice of where to place
\noperations within Texas has significant implications for federal
\npatent litigation.<\/p>\n

The Legal Framework: TC Heartland and In re
\nBigCommerce<\/p>\n

Under 28 U.S.C. \u00a7 1400(b), a patent infringement action can
\nonly be brought where a defendant “resides” or where it
\nhas a “regular and established place of business” and has
\ncommitted acts of infringement.<\/p>\n

As we know from TC Heartland LLC v. Kraft Foods
\nGroup Brands (2017) a corporation “resides”
\nin its state of incorporation. The Federal Circuit’s decision
\nin In re BigCommerce (2018) clarified
\nthat for states with multiple federal districts, like Texas, a
\ncorporation does not reside in every district. Instead, it resides
\nonly in the single judicial district containing
\nits:<\/p>\n


\nPrincipal place of business (PPB);
\nor
\n
\nRegistered office (if there is no
\nPPB in the state). <\/p>\n

Strategic Patent-Related Considerations for
\nRedomestication<\/p>\n

Companies must include patent venue planning into their broader
\nTexas entry strategy.<\/p>\n

A. Identify Your “Nerve Center”
\n\u2013 If your company already has a primary headquarters or major
\noperations center in Texas, that “nerve center” likely
\ndictates your residence for patent venue. In this scenario, your
\nflexibility to “choose” a district is limited; the
\ndistrict encompassing that facility becomes your default venue for
\npatent suits. Of course, this would already be the case even if you
\ndo not reincorporate in Texas.<\/p>\n

B. Strategic Selection of Registered Agent
\n\u2013 If you are reincorporating in Texas but maintain your core
\noperations elsewhere, the location of your registered agent takes
\non heightened importance. The district where that agent is
\nlocated\u2014whether the Northern (Dallas),
\nSouthern (Houston), Western
\n(Austin), or Eastern (Sherman\/Marshall)
\ndistricts\u2014can determine where you “reside” for
\npatent purposes. Do not default to a location without evaluating
\nthe specific judicial characteristics of that district,
\nincluding:<\/p>\n


\nJudicial Expertise:
\nJudge-specific patent experience and local rules.
\n
\nCaseload Trends:
\nHistorical patent volumes and time-to-trial.
\n
\nDefense
\nFavorability: Perceived leanings of the bench and
\npotential jury pools. <\/p>\n

C. Holistic Planning \u2013 The Eastern
\nDistrict of Texas\u2014a traditionally popular venue for patent
\nplaintiffs\u2014will not automatically be available for suits
\nagainst you simply because you are a “Texas corporation”.
\nIf you have significant IP that may need to be enforced, a presence
\nin the Eastern District may be preferrable. To maintain this
\nprotection, ensure your corporate footprint and registered agent
\nlocation align with your litigation risk profile, tax objectives,
\nand talent needs.<\/p>\n

Key Takeaways<\/p>\n


\nTexas incorporation does not open
\nevery Texas district to patent venue. You generally reside in only
\none.
\n
\nIf you have no Texas PPB, your
\nregistered agent’s address is your “residence” for
\nvenue purposes.
\n
\nCoordinate early. Ensure your
\ngovernance and corporate teams consult with IP counsel to align
\nyour Texas “residence” with your overall legal
\nstrategy. <\/p>\n

The content of this article is intended to provide a general
\nguide to the subject matter. Specialist advice should be sought
\nabout your specific circumstances.<\/p>\n

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