News & Analysis as of

Improper Venue Personal Jurisdiction

Lewitt Hackman

Franchisee 101: Forum Selection Clause is Just what the Doctor Ordered

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A federal appellate court held that a forum selection clause requiring litigation to be in the jurisdiction where the franchisor’s principal place of business was located when the action was brought is enforceable. A...more

Patterson Belknap Webb & Tyler LLP

You Don’t Belong Here – Judge Ramos Grants Defendants’ Motion to Dismiss for Lack of Personal Jurisdiction and Improper Venue

On September 28, 2021, United States District Judge Edgardo Ramos (S.D.N.Y.) granted Defendant JLC Tech LLC’s (“JLC”) motion to dismiss for lack of personal jurisdiction and improper venue. Judge Ramos also denied Plaintiff...more

Knobbe Martens

Federal Circuit Review - January 2019

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A Post-URAA Patent that Issues After but Expires Before a Related Pre-URAA Patent Is Not a Double-Patenting Reference Against the Pre-URAA Patent - In Novartis Pharmaceuticals Corp. v. Breckenridge Pharmaceutical Inc.,...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - December 2018 #2

PATENT CASE OF THE WEEK - Jack Henry & Associates, Inc. v. Plano Encryption Technologies LLC, Appeal No. 2016-2700 (Fed. Cir. Dec. 7, 2018) On Friday, the Federal Circuit reversed a district court’s dismissal of a...more

Carlton Fields

Court Finds That Apparently Inconsistent Forum Selection Provisions Do Not Render Arbitration Agreement Unenforceable

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Plaintiff Fintech Fund, FLP filed an action in federal court in the Southern District of Texas asserting claims under the federal Defend Trade Secrets Act and the Computer Fraud and Abuse Act against Ralph Horne, a citizen of...more

Knobbe Martens

Federal Circuit Review - June 2018

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A Complaint Identifying Infringing Products and the Patents Allegedly Infringed, Accompanied by Statements that the Products Meet All Elements of at Least One Claim of the Asserted Patents, May be Sufficient to Meet the...more

Mintz - Intellectual Property Viewpoints

Can retrieving materials from a storage unit qualify as engaging in business activity for purposes of establishing proper patent...

According to a recent decision from the Southern District of New York, no. In our continued post-TC Heartland coverage, the court in CDX Diagnostic, Inc. v. U.S. Endoscopy Group, Inc. clarified that a storage unit does not...more

Mintz - Intellectual Property Viewpoints

Venue Cannot Be Bootstrapped to a Defendant that Only “Works Closely” with a Resident Corporate Relative Co-Defendant

Further to our ongoing coverage of post-TC Heartland patent litigation, in a recent case in the Western District of Wisconsin, the court granted defendants’ motion to transfer for improper venue. In doing so, it rejected the...more

Blank Rome LLP

Supreme Court Reversal of TC Heartland May Place Focus on "Regular and Established Place of Business" for Proper Venue

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Action Item: In which jurisdictions can you expect patent venue to be proper if the Supreme Court reverses Federal Circuit in TC Heartland, and holds that the broad definition of corporate residence in the general venue...more

Alston & Bird

Intellectual Property Advisory: Venue Is Where the TC Heartland Is

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On Friday, March 11, 2016, the Federal Circuit heard oral arguments in In re TC Heartland, LLC on the issue of venue in patent cases in light of the Federal Courts Jurisdiction and Venue Clarification Act of 2011 amendments...more

Womble Bond Dickinson

Comprehensive Ruling on Personal Jurisdiction and Transfer Issues Offers Cautions and Gems for In-house Counsel and Trial Lawyers

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In a 46-page order, Judge Timothy Batten denied a motion to dismiss under FRCP 12(b)(2) and (3) for lack of personal jurisdiction and improper venue, or in the alternative to transfer venue brought by OMsignal, Inc....more

Burr & Forman

Alabama District Court Denies Motion To Dismiss TCPA Claim Arguing Lack Of Personal Jurisdiction, Improper Venue And That...

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An Alabama Plaintiff sued New Jersey Defendants for violating the TCPA by sending an unsolicited fax advertising material for answering services provided by Defendant. Defendant filed a Motion to Dismiss challenging Personal...more

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