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Writ of Mandamus in Patent Infringement Venue Transfer Motion

AVS sued Toyota and Gulf States—a Texas-based Toyota dealer—for patent infringement in the Eastern District of Texas.  Toyota and Gulf States filed a motion (1) to sever the claims against Gulf States; (2) to transfer the claims against Toyota to a more convenient forum under 28 U.S.C. § 1404(a); and (3) to stay the claims […]

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Settlement Agreement Forum Selection Clause Read Narrowly

Forum selection clauses in settlement agreements should be very carefully worded. That is the lesson of Synopsys Inc. v. Mentor Graphics Corp., No. C 12-5025 MMC (N.D. Cal. April 3, 2013), where the court refused to apply the forum selection clause in a settlement agreement. The court reasoned that a provision for the retention of […]

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Nominal Defendant in Forum Does Not Prevent Venue Transfer in Patent Case

Venue could not be established in an Illinois patent case simply by naming a “peripheral defendant” located in Illinois.  A motion to transfer venue to the Central District of California, the locale having the most connections to the alleged infringement, was therefore granted.  Oplus Technologies, Ltd. v. Sears Holdings Corp., No. 11-cv-8539 (N.D. Ill. June […]

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No Venue Transfer from E.D. Texas: Federal Circuit Denies Mandamus Petition

The Federal Circuit has upheld a trial court’s decision to deny Amazon.com’s motion to transfer venue from the Eastern District of Texas in a patent infringement case.  In re Amazon.com, Inc., Misc. No. 115, (May 1, 2012) (issued as non-precedential). The district court had denied Amazon’s motion on the grounds that the plaintiff’s documents and […]

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