News & Analysis as of

Transfer of Venue Intellectual Property Protection

McDermott Will & Emery

Carolina Calling: Sources of Proof Favor Transfer

The US Court of Appeals for the Federal Circuit vacated a district court order denying transfer, finding that the sources of proof, compulsory process and localized interest factors all favored transfer. In re Honeywell Int’l...more

Haug Partners LLP

In re TikTok: Fifth Circuit Grants Writ of Mandamus Intending to Improve Consistency of Decisions From Transfer of Venue Motions...

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The U.S. Court of Appeals for the Fifth Circuit recently issued a writ of mandamus transferring a case from the Western District of Texas—a commonly chosen jurisdiction for patent infringement lawsuits—to the Northern...more

Troutman Pepper

EDVA Reaffirms its Aversion to Litigation Between Out of State Companies in Recent Venue Decision

Troutman Pepper on

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

Sheppard Mullin Richter & Hampton LLP

2023 Federal Circuit Case Summaries

We are excited to share Sheppard Mullin’s inaugural quarterly report on key Federal Circuit decisions. The Spring 2023 Quarterly Report provides summaries of most key patent law-related decisions from January 1, 2023 to March...more

Knobbe Martens

The Choice Is Not Yours: Foreign Defendants Cannot Avoid Personal Jurisdiction by Post-suit, Unilateral Forum Designation

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IN RE: STINGRAY IP SOLUTIONS, LLC - Before Lourie, Taranto, and Stark.  Appeal from the United States District Court for the Eastern District of Texas. Summary: A defendant’s post-suit, unilateral consent to suit in...more

Locke Lord LLP

The Federal Circuit Issues Multiple ‎Orders Directing Transfer of Venue out of the Western ‎District ‎of Texas

Locke Lord LLP on

On November 15th, the United States Court of Appeals for the Federal Circuit entered orders granting ‎three separate petitions for writ of mandamus in the cases styled In re Apple Inc., In re Atlassian Corp. ‎PLC, Atlassian,...more

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

Knobbe Martens

Characterizing Plaintiff’s Actions as Attempts to “Manipulate Venue,” Federal Circuit Orders Transfer of Cases to More Convenient...

Knobbe Martens on

IN RE: SAMSUNG ELECS., CO., LTD. Before Lourie, Dyk, and Reyna.  On Petitions for Writs of Mandamus to the U.S. District Court for the Western District of Texas. Summary:  Manipulation of venue through...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

Shook, Hardy & Bacon L.L.P.

Juniper Faces Blue Spike’s “Assembly-Line Litigation Campaign”

In January 2017, Blue Spike, LLC (“Blue Spike”) filed what has been described as the largest patent infringement case in the U.S. Blue Spike asserted 26 patents containing 656 claims against 113 products owned by Juniper...more

Fenwick & West LLP

Federal Circuit Provides Much Needed Patent Venue Guidance Post TC Heartland

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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

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

Patterson Belknap Webb & Tyler LLP

One Out of Three Isn’t Bad, But Case Moves from New York to Florida Anyway

On April 26, 2017, District Judge Gregory H. Woods (S.D.N.Y.) found that one of the three defendants was subject to personal jurisdiction in New York and denied a motion to dismiss for lack of personal jurisdiction, but...more

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