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Google Venue

Troutman Pepper

MDL Panel Applies Procedural Rule to Texas-Led Multistate Action Against Google

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On June 5, the Judicial Panel on Multidistrict Litigation (JPML) in Texas v. Google, LLC ruled that the State Antitrust Enforcement Act of 2021 applies to pending state antitrust enforcement actions, including to actions the...more

Troutman Pepper

Recent Legislation Opens the Door for More State Antitrust Lawsuits

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On December 29, 2022, President Biden signed into law the State Antitrust Enforcement Venue Act (the “State AG Venue Act”). This law puts all businesses at risk of defending antitrust lawsuits across different jurisdictions...more

McDermott Will & Emery

Overcoming Heavy Burden Required to Succeed on Venue-Related Writ of Mandamus

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Addressing a venue challenge, the US Court of Appeals for the Federal Circuit denied a petition for a writ of mandamus because the challenger did not demonstrate it had no adequate alternative means to obtain desired relief...more

Weintraub Tobin

Google’s Servers Do Not Constitute A Regular And Established Place Of Business For Patent Venue

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It has become commonplace for companies such as Google to use local servers to provide faster service to customers. This practice has raised the question as to whether those local servers constitute “a regular and...more

Fenwick & West LLP

Federal Circuit Rules Presence of Google Servers in District Insufficient to Establish Venue

Fenwick & West LLP on

On February 13, 2020, the U.S. Court of Appeals for the Federal Circuit reversed the Eastern District of Texas’ ruling that venue was proper in In re Google, 2019-126, halting for now the line of precedent finding that...more

McDermott Will & Emery

Presence of Servers Alone Does Not Establish Venue

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The US Court of Appeals for the Federal Circuit has now held that a “place of business” for purposes of the patent venue statute requires an employee or agent of the defendant to be conducting business at that place. In light...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - February 2020 #3

PATENT CASE OF THE WEEK - In re: Google LLC, Appeal No. 2019-126 (Fed. Cir. Feb. 13, 2020) - In this week’s Case of the Week, the Federal Circuit granted mandamus to dismiss or transfer a patent infringement suit for...more

Knobbe Martens

A “Regular and Established Place of Business” Under the Patent Venue Statute Requires the Presence of an Employee or Agent...

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IN RE: GOOGLE LLC - Before Dyk, Wallach, and Taranto. On Petition for Writ of Mandamus to the District Court for the Eastern District of Texas. Summary: A defendant does not have a “regular and established place of...more

Knobbe Martens

Federal Circuit Review - March 2019

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Federal Circuit Determines Time-Barred Petitioner Joined to an IPR Has Appellate Standing - In Mylan Pharmaceuticals Inc. v. Research Corporation Tech., Appeal Nos. 2017-2088, -2089, -2091, the Federal Circuit held that a...more

McDermott Will & Emery

Still Open for Discussion: Venue Based on Presence of Servers

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The US Court of Appeals for the Federal Circuit elected not to decide en banc whether servers or similar equipment in third-party facilities constitute a regular and established place of business under the patent venue...more

Fenwick & West LLP

Full Federal Circuit Defers Addressing Venue Based on Presence of Servers in District

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On February 5, 2019, in a per curiam order, the United States Court of Appeals for the Federal Circuit denied Google’s petition for rehearing en banc, and deferred for another day the question of whether the presence of...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - February 2019 #2

PATENT CASE OF THE WEEK - Athena Diagnostics, Inc. v. Mayo Collaborative Services, LLC, Appeal No. 2017-2508 (Fed. Cir. Feb. 6, 2019) In an appeal from an order of the United States District Court for the District of...more

Knobbe Martens

In Re: Google LLC

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Federal Circuit Summaries - Before Prost, Newman, Lourie, Dyk, Moore, O’Malley, Reyna, Wallach, Taranto, Chen, Hughes, and Stoll. Dissenting opinion to denial of petition for rehearing written by Reyna and joined by Newman...more

Fenwick & West LLP

Can a Server Be a Regular and Established Place of Business? Examining the SEVEN Networks Decision

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Under the patent venue statute, 28 U.S.C. § 1400(b), a patent suit may be brought in a “judicial district where the defendant resides, or where the defendant has committed acts of infringement and has a regular and...more

Fenwick & West LLP

Under Patent Venue Statute, Servers Housed in Texas District Count as Regular and Established Place of Business

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The District Court for the Eastern District of Texas has denied Google’s motion to dismiss or transfer the patent infringement case SEVEN Networks v. Google for improper venue, finding that Google’s servers housed by...more

Mintz - Intellectual Property Viewpoints

Google’s servers housed by a third-party ISP qualify as a regular and established place of business to establish proper venue in...

In our continued post-TC Heartland coverage, Judge Gilstrap in the Eastern District of Texas recently held that venue was proper because Google exercises exclusive control over physical servers implicated by the litigation,...more

Manatt, Phelps & Phillips, LLP

Intellectual Property Law - July 2017

SCOTUS: For Patent Venue, Domestic Corporations ‘Reside’ Where Incorporated - Why it matters: On May 22, 2017, the Supreme Court issued its decision in TC Heartland LLC v. Kraft Foods Group Brands LLC—rejecting...more

Farella Braun + Martel LLP

IP Law December Developments: What to Expect in the Future

December has been a hot month for IP law, with important developments in several cases that may significantly impact your intellectual property prosecution and enforcement strategies. Here is a brief summary of each of these...more

Knobbe Martens

Federal Circuit Review | May 2016

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Federal Circuit Construes Claim Term in a Manner that Rendered Claim Language Superfluous - In SimpleAir, Inc. v. Sony Ericsson Mobile Commc’ns AB, Appeal No. 2015-1251, the Federal Circuit vacated the district court’s...more

BakerHostetler

Back to Google’s Backyard: Forum and Venue Clause Enforced to Dismiss Putative Class Action

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For most corporations, standard forum and venue “home court advantage” clauses are par for the course. For companies with an expansive reach like Google’s, they are essential. Google has long included these clauses in its...more

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