Remote work surged in popularity during the COVID-19 pandemic, bringing with it a host of new legal issues for companies. One such example that may not occur to company leaders as they consider their remote working policies is that their remote workers may have an impact on where they can be sued for patent infringement, according to an article co-authored by Shook Partner Sharon Israel, Senior Counsel Fiona Bell and Associate Philip Eckert.
Israel, Bell and Eckert explore the issue in an article titled “Remote Workers? Why they Matter for Venue in Patent Cases,” published in the Spring 2023 issue of The Federal Lawyer. They provide a background on venue in patent infringement cases and discuss when a remote worker’s location may be considered a “regular and established place of business” for purposes of determining venue.
“What companies may find surprising is that even a single employee working from his or her home may subject them to a patent infringement suit in the district court with jurisdiction over that area (assuming that infringement is alleged to take place in that district),” they said. “Knowing when and how remote employees can create such a risk is important for companies facing frequent patent litigation.”