Transfer of Venue

News & Analysis as of

Court Transfers Cases to Northern District of California

The defendants in three related cases moved for transfer to the Northern District of California where two other related cases were pending. The motions were granted. The Court found that the only Jumara factor weighing...more

Motion To Transfer To California Is Denied

Plaintiff is a Delaware LLC with its principal place of business in Carmel, California. Plaintiff was formed in June 2014 and the complaint was filed in November 2014. One defendant is located in Korea, and the others...more

FRANCHISEE 101: Franchisee Keeps Case in Home Court Despite Forum Selection Clause

Rob & Bud's Pizza ("R&B") is a Papa Murphy's franchisee and owns and operates multiple Papa Murphy's Take 'n' Bake Pizza restaurants in Arkansas, Missouri and Kansas. In April 2014, R&B and other Papa Murphy's franchisees...more

Defendants’ Potential Liability Is Not Limited To 2% Of Accused Products Shipped To Delaware

Plaintiff asserts jurisdiction under the stream-of-commerce theory. Defendants shipped approximately 2% of the accused products from their Indiana manufacturing facility to two customer distribution facilities in Delaware. ...more

Motion To Stay Pending Decision On Dismissal Or Transfer Is Denied.

Defendant seeks a stay pending resolution of its motions to dismiss or transfer to California. The court expects to resolve defendants’ transfer motion in the near future along with similar motions in related cases. Those...more

Patent Infringement and Appellate Jurisdiction

In general, any appeal from a civil action involving claims of patent infringement must be made to the Federal Circuit in Washington, D.C. A recent case from the Ninth Circuit, Amity Rubberized Pen Company v. Market Quest...more

Transfer Of Venue Motion Is Denied

Quest Integrity USA, LLC v. Clean Harbors Industrial Services, Inc., et al., C.A. Nos. 14-1482 – SLR; Quest Integrity USA, LLC v. Cokebusters USA Inc., C.A. No. 14-1483 – SLR, July 8, 2015 Robinson, J. Defendants’ motion...more

Motion To Transfer Is Denied Both As A Sanction And On The Merits

AT&T Intellectual Property I, L.P., et al. v. Cox Communications, Inc., et al., C.A. No. 14-1106 - GMS, July 9, 2015 Sleet, J. Defendants’ motion to transfer venue to the Northern district of Georgia is denied....more

Transfer To California Is Denied

A motion to transfer venue is considered a non-dispositive motion. There are 7 related cases regarding the same patent-in-suit. Plaintiff is a Delaware LLC with its principal place of business in Wilmington. Defendant is a...more

Led Zeppelin is Going to California

On May 31, 2014, members of the band Led Zeppelin and its publishers were sued for copyright infringement by Randy California, the former guitarist and front man of the band Spirit. The lawsuit, filed in the State of...more

Sixth Circuit Holds That Cases Directly Filed in MDLs Are Governed By Law of Where Case Would Have Been Filed

On May 22, 2015, the United States Court of Appeals for the Sixth Circuit Court of Appeals addressed an important choice-of-law issue for parties involved in multidistrict litigation. When multidistrict litigation is...more

Case is transferred to the Eastern District of Missouri

Plaintiff is a Delaware corporation with principal place of business in California at the time the complaint was filed. Its current address is in New York. Defendant is an Ohio LLC with its principal place of business in...more

Federal Circuit Grants Writ of Mandamus Ordering Transfer of Case

In re Apple - The U.S. Court of Appeals for the Federal Circuit granted a petition for a writ of mandamus and ordered the case transferred from the U.S. District Court for the Eastern District of Texas to the U.S....more

No “Plausible Basis” to Establish Federal Circuit Jurisdiction in Transfer From Eleventh Circuit

Krauser v. Biohorizons, Inc. - Addressing whether a declaratory judgment action qualified as a civil action relating to patents for purposes of establishing appellate jurisdiction, the U.S. Court of Appeals for the...more

Illinois Supreme Court Debates Effect of Improper Venue in Administrative Review Cases

Our reports on the civil arguments during last month’s term of the Illinois Supreme Court begin with Slepicka v. State of Illinois, a decision from the Fourth District which poses two important and closely related issues for...more

Pre-AIA Statute Did Not Give Patent Owner in an Ex Parte Reexamination the Right to Bring an Action in District Court

In re Teles AG Informationstechnologien - Addressing whether a patent owner involved in a pre-America Invents Act (AIA) ex parte reexamination, could challenge an adverse reexamination decision in a district court...more

Leaving Las Vegas (and Wilmington, too?)

The topic of transfer of bankruptcy venue continues to percolate. There were panels on the topic at both the summer 2013 American Bankruptcy Institute Mid-Atlantic Conference, and the May 2014 annual American Bankruptcy...more

Court Rejects Effort to Transfer Venue of Energy Future Holdings Bankruptcy From Delaware to Texas

In a ruling yesterday, Judge Christopher Sontchi of the United State Bankruptcy Court for the District of Delaware denied a motion by a bond trustee to transfer venue of the Dallas-based Energy Future Holdings from...more

“Get Outta Here!”: The Court Of Appeals Finds that New York Judges May Sua Sponte Dismiss Cases on Forum Non Conveniens Grounds in...

In Mashreqbank PSC v. Ahmed Hamad Al Gosaibi & Bros. Co., 2014 N.Y. Slip Op. 02381, the New York Court of Appeals ruled that a court may sua sponte decide the issue of forum non conveniens so long as it allows the parties to...more

Federal Circuit (Applying Fifth Circuit Standard) Holds That Venue Transfer Must on Balance Be Clearly More Convenient, Not Far...

An April 3, 2014, decision by the Court of Appeals for the Federal Circuit sheds a little more light on how to apply the Fifth Circuit’s test for determining whether a case should be transferred from the district in which it...more

Intelletual Property Newsletter - March 2014

In This Issue: - USPTO Issues New Guidelines for Determining Subject Matter Eligibility of Claims - Eastern District of Texas Unveils New Patent Case Track - Opening Briefs Submitted to U.S. Supreme Court in...more

How to Get Out Of Dodge: Winning Patent Venue Transfer Strategies and the Federal Circuit

Proper venue is important in U.S. district court litigation; you can’t live without it. But successfully changing venue to a different district court can be even more important because transfer can seriously disrupt...more

Spray Polyurethane Foam Insulation Products Liability Litigation – An Update

Earlier this year, it seemed like Spray Polyurethane Foam Insulation ("SPF") might generate the type of attention that Chinese drywall did. Between April 2012 and May 2013 homeowners in various parts of the country,...more

Long Delay in Moving to Transfer Results in Denial of Motion

The Defendant QxQ Inc. ("QxQ"), which is a California company, moved to transfer a patent infringement case from the Eastern District of Wisconsin to the Northern District of California. QxQ asserted that the connections...more

Location Of Defendant’s Principal Place Of Business A “Critical And Controlling Consideration” In Motion To Transfer Venue In...

In The William M. Yarbrough Foundation v. Garcoa Laboratories Inc., the Honorable Gordon J. Quist of the United States District Court for the Western District of Michigan transferred the plaintiff's patent infringement claim...more

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