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Transfer of Venue Motion to Dismiss

Fish & Richardson

Texas Monthly Wrap-Up – September 2021

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This post summarizes some of the significant developments in the federal district courts of Texas for the month of September 2021. Unicorn Energy GmbH v. Tesla, Inc., No. 2-20-cv-00338 (E.D. Tex.) (J., Gilstrap): Motion to...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Arkansas Freedom of Information Act: C & H Hog Farms, Inc. Files Responses to Arkansas Department of Environmental Quality Motions...

C & H Hog Farms, Inc. (“C & H”) filed responses in Newton County, Arkansas, Circuit Court to two Arkansas Department of Environmental Quality (“ADEQ”) motions. ADEQ had filed both a Motion for Change of Venue and Motion to...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Arkansas Freedom of Information Act: C & H Hog Farms, Inc./Freedom of Information Act Action: Arkansas Department of Environmental...

The Arkansas Department of Environmental Quality (“ADEQ”) filed both a Motion for Change of Venue and Motion to Dismiss in regards to the C & H Hog Farms, Inc. (“C & H”) October 16th action filed in Newton County, Arkansas,...more

Akin Gump Strauss Hauer & Feld LLP

Two Companies Having a Close Relationship is Insufficient to Treat Them as Interchangeable for Purposes of Venue

In an order issued on May 4, 2018, a Western District of Wisconsin Court addressed venue issues relating to subsidiaries of the same parent. Plaintiff Unity Opto Technology Co. (“Unity”) sued defendants Lowe’s Home Centers,...more

Knobbe Martens

In Re: HTC Corporation

Knobbe Martens on

Federal Circuit Summary - Before PROST, WALLACH, and TARANTO. On Petition for Writ of Mandamus to the U.S. District Court for the District of Delaware. Summary: The patent venue statute, 28 U.S.C. § 1400(b), does not...more

Carlton Fields

Nebraska Federal Court Applies First-To-File Rule To Reinsurance Breach Of Contract Disputes, Transfers Case To Connecticut

Carlton Fields on

The District of Nebraska recently ruled in favor of Charter Oak Oil Co. (“Charter Oak”)’s attempt to dismiss a breach of contract case by Applied Underwriters Captive Risk Assurance Co. (“AUCRA”) based on the first-to-file...more

Littler

Employers Prevail in FCRA Class Actions

Littler on

The FCRA is not a classic employment law, but regulates the procurement and use of background checks by employers. Before procuring a background check from a consumer reporting agency (CRA), the employer must disclose its...more

Foley & Lardner LLP

Federal Circuit Rules That Supreme Court Decision in TC Heartland Was a Change of Law

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In good news for those awaiting decisions on pending motions to transfer, or those contemplating a challenge to a recent denial of their motion – especially in the ED Texas, ND California, CD California and Delaware – on...more

Mintz - Intellectual Property Viewpoints

Federal Circuit Concludes that TC Heartland Was a Change in the Law, Reviving Venue Transfer Motions for Defendants Previously...

On November 15, 2017, the United States Court of Appeals for the Federal Circuit resolved a split among district courts on the question whether the United States Supreme Court’s TC Heartland decision constituted a change in...more

Shook, Hardy & Bacon L.L.P.

Juniper Faces Blue Spike’s “Assembly-Line Litigation Campaign”

In January 2017, Blue Spike, LLC (“Blue Spike”) filed what has been described as the largest patent infringement case in the U.S. Blue Spike asserted 26 patents containing 656 claims against 113 products owned by Juniper...more

Proskauer - New England IP Blog

Massachusetts Court Decides to Transfer Case in View of TC Heartland Venue Standard

Less than two months ago, the Supreme Court handed down its decision in TC Heartland v. Kraft Food Group Brands LLC—which significantly changed the way that venue in patent infringement cases would be determined. Under TC...more

Ballard Spahr LLP

Colorado Supreme Court Limits Jurisdiction Over Manufacturers

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The Colorado Supreme Court has joined a number of other federal and state courts in limiting the extent to which product manufacturers can be subjected to a state’s general personal jurisdiction, even when the manufacturer's...more

Morris James LLP

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

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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

Morris James LLP

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

Morris James LLP on

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

Weintraub Tobin

Led Zeppelin is Going to California

Weintraub Tobin on

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

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