News & Analysis as of

Transfer of Venue Principal Place of Business

Knobbe Martens

The Location of Witnesses and Relevant Evidence Still Reigns Supreme in Venue Decisions

Knobbe Martens on

In Re: Juniper Networks, Inc. Before Lourie, Bryson, and Taranto. Per Curiam. On Petition for Writ of Mandamus to the United States District Court for the Western District of Texas. Summary: A party’s relatively...more

Weber Gallagher Simpson Stapleton Fires &...

Pennsylvania Superior Court Shifts Focus of Venue Analysis

With Hangey v. Husqvarna Prof'l Prods., 2021 PA Super 37, the Pennsylvania Superior Court handed down an en banc decision which will significantly shift the focus of how venue challenges are decided. When a corporate...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

Patterson Belknap Webb & Tyler LLP

Judge Oetken “Shelves” Case For Lack of Venue

On March 26, 2018, United States District Court Judge J. Paul Oetken granted a motion to transfer venue in Peerless Network, Inc. v. Blitz Telecom Consulting. The focus of the opinion was on whether venue was proper in the...more

Fenwick & West LLP

Federal Circuit Provides Much Needed Patent Venue Guidance Post TC Heartland

Fenwick & West LLP on

The Federal Circuit has issued a landmark venue decision setting forth the standard for determining what constitutes a “regular and established place of business” under 28 U.S.C. § 1400(b). Section 1400(b) limits venue in...more

Bradley Arant Boult Cummings LLP

Federal Circuit Rejects Eastern District of Texas’s Post-TC Heartland Venue Test

In In re Cray Inc., the Federal Circuit directed the Eastern District of Texas to transfer a patent infringement case brought by Raytheon against Cray out of the district. In doing so, the Federal Circuit rejected the...more

Schwabe, Williamson & Wyatt PC

Fresh From the Bench: Precedential Patent Cases From the Federal Circuit

In In Re Cray, the panel grants Cray’s petition for a writ of mandamus, ruling that the district court’s handling of the case is not consistent with its case law regarding what is “a regular and established place of...more

McDonnell Boehnen Hulbert & Berghoff LLP

CAFC Issues Writ of Mandamus reversing Eastern District of Texas 4-Factor Test for a “Regular and Established Place of Business”...

In In re: Cray, Inc, No. 2017-129, the CAFC issued a writ of mandamus vacating Judge Gilstrap’s decision involving venue under 28 U.S.C. §1400(b) in Raytheon Co. v. Cray Inc., Case No. 15-cv-1554 (E.D. Texas). That earlier...more

McDonnell Boehnen Hulbert & Berghoff LLP

In re Cray Inc. (Fed. Cir. 2017)

Judge Gilstrap's Short-lived Venue Calculus - The Federal Circuit has spent more than a decade as the Supreme Court's favorite judicial whipping boy, usually because the Court apprehended that their appellate inferior had...more

Shook, Hardy & Bacon L.L.P.

Federal Circuit Vacates Judge Gilstrap’s Controversial Venue Test

The Eastern District of Texas has been the hotbed of patent ligation for years, and that is undoubtedly threatened in light of the Supreme Court’s decision on venue in TC Heartland.  But the Eastern District clearly won’t go...more

Morris James LLP

Transfer Of Venue Motion Is Denied

Morris James LLP on

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

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

Morris James LLP

Case is transferred to the Eastern District of Missouri

Morris James LLP on

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

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