Locating A 'Place Of Business' After TC Heartland: Part 2

By Brian Kwok and Nicholas Lo ( August 2, 2017, 12:12 PM EDT) -- In the first part of this article, we focused on two major factors that courts have commonly considered in the "regular and established place of business" analysis under the second prong of 28 U.S.C. § 1400(b), physical location and employee authority to complete sales. In the final part, we will discuss some less prominent factors, the Eastern District of Texas' new framework set forth in Raytheon Co. v. Cray Inc.,[1] and how the historical case law fits into the Raytheon approach....

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