Summary Judgment Granted in Fintiv

The history of this case goes back several years, but today’s order was the most important of them all.  After hearing further argument on Defendant Apple’s motion for summary judgment of noninfringement, Judge Albright determined that his prior order denying Apple’s motion should be vacated.  Accordingly, he granted Apple’s motion, and cancelled jury selection and trial, currently set for July 10, 2023.

101 Motion Denied

Judge Payne denied the defendant’s motion for partial dismissal asserting that three of the four patents in suit were directed to ineligible subject matter, holding that at the motion to dismiss phase, and in the absence of claim construction, the court could not agree with the defendant position without having first examined what a person in ordinary skill of the art would interpret the terms to mean.

Motion To Dismiss For Improper Venue Denied

Judge Payne denied the motion, which was predicated not on the defendant’s not having a regular and established place of business in the district – it admitted that it did – but its argument that “that property is not used for the accused systems.”  Even assuming that the argument was correct, the court found sufficient evidence of allegedly infringing activity, and denied the alternative motion to transfer the case to the SDTX.

NDCA No Because (Redacted); Austin, Yes

Judge Albright denied Meta’s motion to transfer to California, but granted the motion to transfer to Austin since both parties agreed that that would be more convenient– and the case will remain on his docket. Of interest, the parties’ assertions and the Court’s conclusions are heavily redacted, meaning that a future litigant against Meta will have a hard time identifying what it asserted and what contentions the court found wanting – especially regarding witnesses – in this prior case.

More Austin Docket Reallocation to Judge Albright

Personally, I think my graduate recognition ceremony at the National WW II Museum and a week on campus at Baylor Law School for the Litigation Management LLM were the most newsworthy events of the past week. But some might think that the news that Judge Pitman has referred 99 cases from the Austin Division of the WDTX – including 18 patent cases – to Judge Albright is.