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Patents Motion to Transfer

Fish & Richardson

Five Tactics for Cybersecurity Companies to Defeat Patent Infringement Claims

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Navigating patent infringement claims requires a deep understanding of both the legal landscape and the specifics of the technology at stake, especially in the fast-evolving cybersecurity sector. Creative litigation...more

McDermott Will & Emery

TikTok: Federal Circuit Follows Fifth Circuit, Transfers Case for Witness Convenience

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In the first mandamus decision applying the US Court of Appeals for the Fifth Circuit’s new transfer motion guidelines under 28 U.S.C. 1404(a), the Federal Circuit followed suit and transferred a case for witness convenience....more

Troutman Pepper

EDVA Judge Denies Motion to Strike New Evidence in Reply Brief and Transfers Patent Case to California

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In an October 3 decision, U.S. District Judge Thomas S. Ellis III granted a motion to transfer venue of a patent case brought in the EDVA to California under 28 U.S.C. § 1404(a). Monarch Networking Solutions LLC .v Juniper...more

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

McDermott Will & Emery

That Stings: Consent to Jurisdiction Must Be Effective at Filing to Invoke Fed. R. Civ. P. 4(k)(2)

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The US Court of Appeals for the Federal Circuit, on petition for writ of mandamus, vacated the district court’s transfer order and remanded the transfer to be considered under the clarified parameters of Fed. R. Civ. P....more

Fish & Richardson

Texas Patent Litigation Monthly Wrap-Up: December 2022

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The update for December 2022 summarizes three patent decisions that issued from the Western District of Texas. These three decisions all evaluated challenges to venue in patent suits. In the end, the court transferred two of...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

Dude, Where’s My Venue? Texas Car Dealerships Aren’t Distributor Agents

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The US Court of Appeals for the Federal Circuit vacated a district court’s denial of motions made by two car distributors to transfer cases out of the Western District of Texas for improper venue, finding that the patent...more

McDermott Will & Emery

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

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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

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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

Knobbe Martens

Federal Circuit Review - September 2021

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Arguments to the Patent Office That Contradict Information Submitted to the FDA Support an Inference of Deceptive Intent In Belcher Pharmaceuticals v. Hospira, Inc., Appeal No. 20-1799, the Federal Circuit held that a...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

Weintraub Tobin

You Can’t Manipulate Venue!

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How many of the lawyers out there liked hypotheticals in law school? I did not, but this case prompted me to write one! So, for those of you who enjoy hypotheticals, here it is: Company A, a North Carolina LLC, owns...more

WilmerHale

CAFC Patent Cases - July 2021

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IN RE: SAMSUNG ELECTRONICS CO., LTD., SAMSUNG ELECTRONICS AMERICA, INC., LG ELECTRONICS INC., LG ELECTRONICS USA, INC. [OPINION] (2021-139, 2021-140, 6/30/2021) (Lourie, Dyk, Reyna) - Dyk, J. Granting the writs of...more

McDermott Will & Emery

Eight-Month Delay on Transfer Motion Ruling Is “Egregious,” Warrants Stay

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The US Court of Appeals for the Federal Circuit issued a rare grant of a mandamus petition directing a district court to stay proceedings until ruling on a pending motion to transfer, stating that the district court’s...more

McDonnell Boehnen Hulbert & Berghoff LLP

In re Nitro Fluids L.L.C. (Fed. Cir. 2020)

Venue in patent cases has been a topic of recent Supreme Court (TC Heartland LLC v. Kraft Foods Group Brands LLC) and Federal Circuit (In re Cray) consideration. Last month, the Federal Circuit again considered venue with...more

Akin Gump Strauss Hauer & Feld LLP

Federal Circuit: Transfer Appropriate Even When Most Evidence Located Abroad When Original Forum Has No Direct Connection to the...

The Federal Circuit granted a writ of mandamus to transfer a patent infringement case from the Eastern District of Texas to the Northern District of California because the latter had some local interest in the case, while the...more

Mintz - Intellectual Property Viewpoints

Another One Bites the Dust – N.D. Tex. Dismisses Antitrust Claims re FRAND Commitments with Prejudice

In the latest decision addressing antitrust liability for FRAND commitments, Judge Barbara M. G. Lynn of the Northern District of Texas dismissed a complaint from Continental Automotive Systems, Inc. (“Continental”) alleging,...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 Monthly Wrap-Up – April 2020

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This month’s Wrap-Up summarizes a decision on patent venue law from the Eastern District of Texas. The decision addresses venue transfer under 28 U.S.C. § 1404(a) when a forum selection clause applied to only a portion of the...more

Patterson Belknap Webb & Tyler LLP

Judge Matsumoto “Serves Up” Transfer Motions for Improper Venue in EDNY

On April 7, 2020, U.S. District Judge Kiyo A. Matsumoto (EDNY) granted the motions to transfer for improper venue of two sets of defendants comprising the architects (“Rossetti”) and the engineers (“Morgan”) that designed and...more

Patterson Belknap Webb & Tyler LLP

Judge Abrams Finds That Working from Home Does Not Mean Venue is Proper

On October 2, 2019, District Judge Ronnie Abrams (S.D.N.Y.) granted Defendant Quora Inc.’s (“Quora”) motion to transfer the case to the Northern District of California....more

Akin Gump Strauss Hauer & Feld LLP

Forum Selection Clause, on Its Own, Does Not Bar PTAB from Instituting IPR Petition

The Patent Trial and Appeal Board has rejected a patent owner’s argument that a forum selection clause found in a Non-Disclosure Agreement (NDA) barred the Board from instituting a petition for inter partes review (IPR). ...more

Patterson Belknap Webb & Tyler LLP

Judge Ramos Determines That Rule 45 Allows the Person Subject to a Subpoena—Not a Party—to Consent to Transfer

On October 3, 2019, District Judge Edgardo Ramos (S.D.N.Y.) granted SBA Communications Corporation’s (“SBA”) motion to transfer to the Eastern District of Texas a dispute over a subpoena served by Fractus, S.A. (“Fractus”)...more

Fish & Richardson

EDTX & NDTX Monthly Wrap-Up – August 2019

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This post is our latest review of noteworthy case developments in the Eastern and Northern Districts of Texas for the month of August 2019. Two subjects stand out this month from the Eastern District: (1) a new EDTX local...more

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