News & Analysis as of

Transfer of Venue Motion to Transfer

Troutman Pepper

EDVA Reaffirms its Aversion to Litigation Between Out of State Companies in Recent Venue Decision

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From the mid-1990s until the mid-2010s, the EDVA typically ranked among the top 10 federal districts for patent litigation. See Gugliuzza, Paul R. and Anderson, Jonas, Why Do Judges Compete for (Patent) Cases? at 24-25...more

Bond Schoeneck & King PLLC

New Venue Concerns for Corporations in New York State

Background The term “venue” in New York State civil procedure means the county in which a lawsuit is filed and prosecuted. Although it may seem somewhat inconsequential on its face, venue is an important strategic tool for...more

McDermott Will & Emery

Golden State of Mind: Witness Convenience Isn’t Based Solely on Travel Distance

The US Court of Appeals for the Federal Circuit ordered a district court to transfer a patent infringement case from Texas to California because the district court had wrongly assessed facts relating to the convenience of...more

McDermott Will & Emery

California, I’m Coming Home: Transfer to Venue Where Products Were Designed Is Appropriate

McDermott Will & Emery on

The US Court of Appeals for the Federal Circuit denied a patent owner’s petition for writ of mandamus, finding that the district court properly transferred a case from the Eastern District of Virginia to the Northern District...more

McDermott Will & Emery

Federal Circuit to WD Tex.: Denial of Transfer Motion was Clear Error, Abuse of Discretion

McDermott Will & Emery on

For the third time in as many months, the US Court of Appeals for the Federal Circuit found clear error in the US District Court for the Western District of Texas’s denial of a defendant’s motion to transfer venue. In re...more

Morrison & Foerster LLP - Federal Circuitry

Last Week in the Federal Circuit (September 20-24): Venue, Venue, Venue

Although the Federal Circuit didn’t issue a lot of precedential decisions last week, it continued the recent trend of venue transfer decisions out of the Western District of Texas. Below we provide our usual weekly statistics...more

White & Case LLP

Federal Circuit Directs Transfer Out of the Western District of Texas Finding Clear Abuse of Discretion in Judge Albright's Denial

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Since Judge Alan D. Albright took the bench in the Western District of Texas in September 2018, the number of patent litigation cases in that district has risen exponentially....more

Fish & Richardson

EDTX & NDTX Monthly Wrap-Up – December 2019

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This post summarizes three interesting opinions out of the Eastern District of Texas in December 2019. Judge Rodney Gilstrap of the Eastern District of Texas (E.D.Tx.) recently denied three disputed transfer requests...more

Fish & Richardson

EDTX & WDTX Monthly Wrap-Up – June 2019

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This post summarizes some of the significant developments in the Eastern District of Texas and the Western District of Texas for the month of June 2019....more

Fox Rothschild LLP

Judge Noreika Denies Youtube And Google’s Motion To Transfer Venue Of Patent Infringement Action To Northern District Of...

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By Memorandum Opinion entered by The Honorable Maryellen Noreika in Viretem Ventures, LLC v. YouTube, LLC and Google, LLC, Civil Action No. 18-917 – MN (D.Del. May 16, 2019), the Court denied the motion of Defendants YouTube,...more

Sheppard Mullin Richter & Hampton LLP

Prop 65 Victory For Defendants – Defendants Are Entitled To Have Their Cases Heard In the County Where the Claim Arose

Prop 65 Plaintiffs routinely file most Prop 65 cases in Alameda County, presumably because they believe it is a plaintiff-friendly forum. However, the California Court of Appeal recently issued a victory for Prop 65...more

Fish & Richardson

Minnesota Patent Litigation Wrap-Up – August 2017

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This post continues our monthly summary of patent litigation in the District of Minnesota, including short summaries of substantive orders issued in pending cases. In August 2017, there were three notable decisions for...more

Fox Rothschild LLP

Judge Sleet Denies Defendants’ Motion To Transfer Venue In Patent Infringement Action

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By Memorandum Opinion entered by The Honorable Gregory M. Sleet in Koniklijke Philips N.V. v. HTC Corp., Civil Action No. 15-1125-GMS (D.Del. July 18, 2017), the Court denied Defendants’ Joint Motion to Transfer Venue which...more

Fox Rothschild LLP

Judge Sleet Grants TuffStuff’s Motion to Transfer Patent Infringement Action

Fox Rothschild LLP on

By Memorandum Order entered by The Honorable Gregory M. Sleet in Blackbird Tech LLC d/b/a Blackbird Technologies v. TuffStuff Fitness et al., Civil Action No. 16-733-GMS (D.Del. April 27, 2017), the Court granted the motion...more

WilmerHale

WilmerHale Eastern District of Texas Newsletter: September 2016

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Data shows that although transfer motion filings in the Eastern District of Texas decreased 50% year-over-year from 2014 to 2015 (from 135 to 63), the percentage of successful motions increased from 34% to 43%. According to...more

Morris James LLP

Motion To Transfer To California Is Denied

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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

Morris James LLP

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

Morris James LLP on

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

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