NJ Judge Transfers Skull Shaver v. Cut Buddy Patent Case to NC for Improper Venue

Published
Score
8

Why it matters

Judge Susan D. Wigenton of the U.S. District Court for the District of New Jersey transferred a patent infringement suit from her docket to the Middle District of North Carolina, finding that venue was improper under 28 U.S.C. ยง 1400(b). In Skull Shaver LLC v. The Cut Buddy, the court ruled that the plaintiff failed to establish that the defendant maintained a regular and established place of business in New Jersey or that infringement occurred there. The decision leaves little room for creative pleading on venue facts, requiring strict proof of either defendant presence or local infringement activity.

The timing of the transfer and the specific factual record supporting the defendant's motion to transfer remain unclear. The parties' locations and the nature of the alleged infringement are not yet detailed in available rulings.

The decision reflects the tightened venue standards that have governed patent litigation since TC Heartland (2017), which restricted where plaintiffs can sue domestic defendants. Practitioners filing patent cases in the District of New Jersey should expect heightened scrutiny of venue allegations and prepare for transfers to districts where defendants are actually incorporated or have genuine business operations. The ruling signals that forum shopping through creative venue arguments will face swift judicial rejection.

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