Motion To Dismiss For Lack Of Personal Jurisdiction In Tupac Album Cover Case
Judge Boyle granted the motion, finding that she lacked personal jurisdiction over the defendant.
Judge Boyle granted the motion, finding that she lacked personal jurisdiction over the defendant.
Judge Albright granted the motion to dismiss the patent claims only for improper venue, granted in part the motion to dismiss the nonpatent claims for lack of personal jurisdiction, and granted in part the defendant’s alternative motion to dismiss for failure to state a claim.
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.
The defendant had moved to dismiss for lack of subject matter jurisdiction asserting defects in standing, for failure to state a claim, and for lack of personal jurisdiction.
“Virtual reality does not alter the real requirements of personal jurisdiction,” Judge Jane Boyle wrote in dismissing this case for infringement of patents dealing with cardboard virtual reality viewers.
This case arises out of a bouncy-house franchise. In my experience, kids liked the Star Trek theme for the party more than they did the bouncy house.
Let’s see – this is a claim concerning counterfeit Baylor-branded sporting good products and the question is whether the defendant “purposefully directed” its activities at … Texas. Hmmm.
Okay, the substance of this MTD on PJ, IV & 1404 to WDTX is interesting, but the formatting’s worth a look as well.
An interesting procedural background to this case, involving a declaratory action in New Jersey which was transferred to Waco.
One of the defendants argued that it was not subject to personal jurisdiction in this patent infringement case filed in Waco, and asked for discovery if the court concluded it had not adduced sufficient facts.