Venue – Michael C. Smith's Eastern District of Texas Blog

Venue Factors With a Twist

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

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

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

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

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.

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

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

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

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

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.