Motion to Transfer Venue Based on “First to File” Rule Granted

msmithJudge J. Rodney Gilstrap, Marshall, Venue

Of all the opinions Judge Hall authored while I clerked for him, Texas Instruments, Inc. v. Micron Semiconductor, Inc., 815 F. Supp. 994, 997 (E.D. Tex. 1993) seems to be the most-cited. While the case dealt with several issues, its central holding, that once the “substantial similarity” test is met, the “first-to-file” rule accords the first-filed court the responsibility to determine which case should proceed, was the part of the opinion cited again by Judge Gilstrap earlier this month in transferring a case.

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Docket Navigator “Deep Dive Vol. 1”

msmithCommentary

Docket Navigator recently released one of its periodic special reports. This one takes a look at several interesting questions its subscribers have asked, and the detailed analyses they undertook to find the answers. The report is interesting primarily because of the unexpected nature of the questions. Unlike virtually every other report, the questions aren’t the ones you’d most want answers to – but here someone did, and it’s interesting trying to picture why.

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