Federal Circuit Finds Patent Venue Proper based on Remote Employees

Patent Venue Proper based on Remote Employees

In In Re: Monolithic Power Systems, Inc., Case No. 2022-153 (Fed. Cir. 2022), the Federal Circuit denied a petition to grant a writ of mandamus directing the district court to dismiss or transfer a patent infringement suit brought against Monolithic in the Western District of Texas, finding that the district court’s decision that venue was proper should not be disturbed. The district court decision found that Monolithic had a regular and established place of business based on the location and activities of some of its remote employees. Specifically, the district court determined that Monolithic maintained a business presence in the Western District by soliciting employment in the region and by providing its remote employees with lab equipment or products for their homes as part of their employment. The Federal Circuit found that mandamus review was not warranted, as the district court’s reasoning was sufficient enough to establish venue, and thus did not grant the petition for writ of mandamus.