Eastern District of Texas: Past & Present

I enjoyed very much this special presentation hosted by the Grayson and Collin County Bar Associations and the Judge Paul Brown and Curt B. Henderson Inns of Court last week. Senior Judges Richard Schell and Ron Clark spoke on the history and unique culture of the district, moderated by U.S. District Judge Judge Sean Jordan. The high point for me was Judge Schell’s description of being chief judge as being like being president of a cemetery – you’re over a lot of people but nobody’s listening to you.

Motion to Transfer to WDWA Denied

Judge Payne denied Amazon’s motion seeking a transfer to Washington, finding that “Defendant’s generalized argument that documents are located in the Western District of Washington based on development efforts in Seattle is unpersuasive in light of the supporting assertions demonstrating that the documentary evidence is actually located on servers in Oregon or Virginia.” He also concluded, citing the Fifth Circuit’s guidance in In re Clarke, that “Amazon’s speculative statistics [the number of cases pending before each forum] carry little weight, and that the significantly lower time to trial in this District weighs against transfer.”

Tesla to California

Judge Ezra granted Tesla’s motion to transfer Graphite Charging’s patent infringement case against Tesla – filed in Tesla’s headquarters division of Austin, Texas – to California. Of interest, the specific facts regarding Tesla’s contacts with Austin are heavily redacted, so the metrics of Tesla’s contacts with Austin are not publicly available. But Judge Ezra noted that while Tesla did recently move its corporate headquarters to Austin, its engineering headquarters remain in NDCA, and the accused products were designed and developed primarily in the NDCA.