Trampoline MDL Bounced

It was there – I had to say it. This MDL proceeding has a twist – both the defendants in these six actions dealing with trampolines and the plaintiff asked the MDL panel to centralize pretrial litigation in the Eastern District of Texas.  There are four cases currently pending in EDTX and two in NDGA, which I understand has similar red clay soil.  But the court still didn’t agree that centralization was appropriate.

When is Venue Discovery Proper? When is a Place of Business “of the Defendant?”

The issue of when venue discovery is proper comes up frequently in patent litigation post TC Heartland, and especially since the Federal Circuit clarified in In re ZTE that the plaintiff, not the defendant, bears the burden of showing that venue is proper.  This opinion sets out Judge Gilstrap’s standard on when venue discovery is proper, as well as providing another illustration of when a physical place of business that is regularly established is “of the defendant”.

No Waiver: Motion to Transfer Based on Improper Venue Granted

Several months ago I announced the last ruling that dealt with a claim of waiver for failure to assert an improper venue claim timely following TC Heartland.  I was premature, because there was still this case, which was stayed due to pending IPR proceedings three months before Heartland was decided.  When the stay was lifted several weeks ago, the defendant asserted an improper venue argument, and the plaintiff asserted that the defense had been waived.

Motion to Dismiss For Lack of Patentable Subject Matter Granted in Part

Section 101 rulings are always welcome because they show where judges are on specific fact patterns based on the current state of the appellate caselaw.  Normally I’d say that the facts are the variable, not the caselaw, but on this subject the first can vary, and the second can … evolve.  This week provides another data point on 101 rulings, with an opinion that drops findings into the no/no, no/yes, yes, and “nope” categories.