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Venue

Venue Factors With a Twist

March 3, 2021 msmithTEXIPLAWBLOG, Venue, WDTX, WDTX Cases

Lewis Ronald, CC BY-SA 3.0

Interesting twist in this case – plaintiffs can have limited venue options due to their rights in the patent.

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Motion to Transfer/Motion to Dismiss

February 26, 2021February 26, 2021 msmithMotions to Dismiss, TEXIPLAWBLOG, Venue, WDTX, WDTX Cases

The defendant sought transfer and to dismiss the indirect & willful infringement claims.

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The Threshold Requirements Of Personal Jurisdiction And Proper Venue

February 18, 2021February 18, 2021 msmithEDTEXWEBLOG, EDTX IP, Judge J. Rodney Gilstrap, Marshall, TEXIPLAWBLOG, Venue

The key issue on this motion to transfer was whether there was personal jurisdiction and venue in the proposed transferee court.

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Motion to Transfer Venue

February 10, 2021February 10, 2021 msmithEDTEXWEBLOG, EDTX IP, Judge J. Rodney Gilstrap, Marshall, TEXIPLAWBLOG, Venue

The court concluded that the defendant’s “extensive contacts” with EDTX made it likely much more convenient than NDCA.

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Hynix Motion to Transfer Venue Denied

February 3, 2021February 3, 2021 msmithTEXIPLAWBLOG, Venue, WDTX, WDTX Cases

Following the Federal Circuit’s stay of the case pending his ruling on the motion, Judge Albright resolved the venue issue in the case yesterday.

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Another Intel Venue Ruling

January 26, 2021January 26, 2021 msmithTEXIPLAWBLOG, Venue, WDTX, WDTX Cases

That’s a good guess, but no, this isn’t the VLSI case.

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Happy Valentine’s Day, Intel

December 31, 2020December 31, 2020 msmithCOVID-19, TEXIPLAWBLOG, Venue, WDTX, WDTX Cases

The VLSI v. Intel trial is back on in Waco, and the parties have been given a new trial date.

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Personal Jurisdiction And Venue

December 22, 2020December 22, 2020 msmithEDTEXWEBLOG, EDTX IP, Judge Roy S. Payne (USMJ), Marshall, Personal Jurisdiction, TEXIPLAWBLOG, Venue

Defendants asked the court to dismiss this case for lack of personal jurisdiction and improper venue.

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New Venue Discovery Rules in Waco

December 10, 2020December 15, 2020 msmithDiscovery, TEXIPLAWBLOG, Venue, WDTX, WDTX Cases

I posted previously on the new venue discovery rules in Waco – here they are in action.

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Motions To Dismiss: Three Up – Three Down

December 2, 2020December 2, 2020 msmithEDTEXWEBLOG, EDTX IP, Judge J. Rodney Gilstrap, Marshall, Motions to Dismiss, TEXIPLAWBLOG, Venue

The issue presented on this motion to dismiss was whether the court should transfer or dismiss the plaintiff’s patent and/or trade secret claims.

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Welcome!

This weblog focuses on practice in the U.S. District Court for the Eastern District of Texas, as well as intellectual property litigation in all Texas federal courts, with special emphasis on patent litigation.

Author

Michael C. Smith Biography EDTexweblog.com is published by Michael C. Smith, the partner in charge of the Marshall office of Siebman, Forrest, Burg, & Smith, LLP, where he specializes in complex commercial and patent litigation in federal court. Michael has appeared in over 900 civil cases in the Eastern District of Texas, is a past chair of the district's local rules committee and bar association, and frequently assists clients with preparing and trying cases in the district's courts. He has edited O'Connor's Federal Rules * Civil Trials for the past 20 years, and writes and speaks frequently on civil procedure, litigation in federal courts, and law office management.
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