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Google Web Servers

Wiley Rein LLP

Photographers’ Challenge to Copyright “Server Test” Implicates Critical Internet Functions

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On August 28, 2023, two photographers filed a petition for rehearing en banc, urging the Ninth Circuit to reconsider its recent decision in Hunley v. Instagram, which held that Instagram could not be held liable for secondary...more

Weintraub Tobin

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

Weintraub Tobin on

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

Still Open for Discussion: Venue Based on Presence of Servers

McDermott Will & Emery on

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

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

Fenwick & West LLP on

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

Fenwick & West LLP on

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

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