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Boston Sci. Corp. v. Cook Grp., Inc.

United States District Court for the District of Delaware

September 11, 2017, Decided; September 11, 2017, Filed

C.A. No. 15-980-LPS-CJB


 [*232]  /s/ Leonard P. Stark

STARK, U.S. District Judge:

Presently before the Court is Defendants Cook Group Incorporated ("CGI") and Cook Medical LLC's ("Cook Medical") (collectively, "Defendants" or "Cook") motion to dismiss for improper venue or, alternatively, to transfer venue in light of the Supreme Court's decision in TC Heartland LLC v. Kraft Food Group Brands LLC, 137 S. Ct. 1514, 197 L. Ed. 2d 816 (2017). (D.I. 282)

It is undisputed that after TC Heartland, which held that a corporate defendant "resides" only in its state of incorporation for [**2]  purposes of determining where venue is proper in a patent case, see 28 U.S.C. § 1400(b), Defendants, who are not Delaware corporations, can no longer be  [*233]  said to "reside" in Delaware. TC Heartland did not, however, address the second prong of § 1400(b), which makes venue proper in a district "where the defendant has committed acts of infringement and has a regular and established place of business."

After reviewing thorough briefing and hearing oral argument, the Court finds that Defendants do not have a "regular and established place of business" in Delaware. Therefore, the Court concludes that venue is improper in Delaware for this action. Accordingly, the Court will grant Defendants' motion and transfer this case to the United States District Court for the Southern District of Indiana, Indianapolis Division.


This is a patent infringement action brought by Plaintiffs Boston Scientific Corporation ("BSC") and Boston Scientific SciMed, Inc. ("BSSI") (collectively, "Plaintiffs" or "Boston Scientific"), alleging that Defendants infringe U.S. Patent Nos. 8,685,048; 8,709,027; 8,974,371; and 9,271,731, which generally describe and claim a hemostatic clip apparatus and methods for using such clip, for example, to stop gastrointestinal bleeding. (D.I. 19 at [**3]  ¶¶ 1, 10)

BSC is a Delaware corporation with its principal place of business in Marlborough, Massachusetts. (D.I. 19 at ¶ 2) It develops, manufactures, and supplies medical devices, including endoscopic products for the treatment of diseases of the digestive system, such as its Resolution™ Clip. (Id. at ¶¶ 2, 10) BSSI is a Minnesota corporation with its principal place of business in Maple Grove, Minnesota. (Id. at ¶ 3) A wholly-owned subsidiary of BSC, BSSI develops and manufactures endoscopic products, including hemostatic clips distributed by BSC. (Id.) BSSI is the owner by assignment of the patents-in-suit. (Id.)

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269 F. Supp. 3d 229 *; 2017 U.S. Dist. LEXIS 146126 **; 2017 WL 3996110


Prior History: Boston Sci. Corp. v. Cook Grp. Inc., 2016 U.S. Dist. LEXIS 52328 (D. Del., Apr. 18, 2016)


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Civil Procedure, Responses, Defenses, Demurrers & Objections, Motions to Dismiss, Patent Law, Jurisdiction & Review, Personal Jurisdiction & Venue, Preliminary Considerations, Venue, Venue, Federal Venue Transfers, Improper Venue Transfers, Appeals, Standards of Review, Federal & State Interrelationships, Choice of Law, Evidence, Burdens of Proof, Allocation, Personal Jurisdiction & Venue, Places of Business & Residence, Judgments, Preclusion of Judgments, Law of the Case, Reviewability of Lower Court Decisions, Preservation for Review, Governments, Legislation, Interpretation, Discovery & Disclosure, Discovery, Jurisdiction