Motion To Dismiss For Lack of Personal Jurisdiction & Improper Service And  For Transfer Recommended Denied

Judge Payne denied the motions to dismiss for lack of personal jurisdiction and insufficient process, as well as the motion to transfer to the CDTX, with the defendant’s arguments from the former tripping up the latter.

Motion To Dismiss And For Rule 11 Sanctions Denied

Memorial City Hall in Marshall last night as guests arrive for the Dallas String Quartet concert

Judge Payne denied the defendant’s motion to dismiss for failure to state a claim or in the alternative for a more definite statement, holding that the arguments required a particular claim construction that is not apparent from the pleadings record.  He also denied the motion for Rule 11 sanctions, noting that it relied on the same claim construction arguments.

Motion For Stay Prior To PTAB Institution Decision Denied

Just a reminder in this order that in the EDTX judges usually deny motions for a stay pending a determination of inter partes review until after the PTAB acts on the petition.   See Trover Group, Inc. v. Dedicated Micros USA, 2015 WL 1069179, at *6 (E.D. Tex. Mar. 11 2015) (“In this district, that is not just the majority rule; it is the universal practice.”).