Category Archives: Venue

DC dismissal of Apple’s complaint for lack of personal jurisdiction over Zipit reversed and remanded

Apple, Inc. v. Zipit Wireless, Inc. Docket No. 2021-1760 ( HUGHES, MAYER, STOLL April 18, 2022 Brief Summary:   DC dismissal of Apple’s DJ action based on a lack of personal jurisdiction reversed and remanded. Summary:  Apple appealed Northern District … Continue reading

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DC reversed on WD of genus claims and patent co-ownership, affirmed on no willfulness and remanded for damages calculation

BASF Plant Science, L.P., Cargill, Inc. v. Commonwealth Scientific, et al. (“CSIRO”) Docket No. 2020-1415-16, 2020-1919-20 ( NEWMNA (D), TARANTO, CHEN March 15, 2022 Brief Summary:   Following a dispute regarding a collaboration agreement, FC panel affirmed DC fining on … Continue reading

Posted in Assignment / Ownership, Infringement, Inventorship, Licensing, Royalties, Venue, Willfullness, Written description | Leave a comment

DC Hatch-Waxman decision finding improper venue and failure to state a claim affirmed

Celgene Corp. v. Mylan Pharmaceuticals Inc., et al. Docket No. 2021-1154 ( PROST, CHEN, HUGHES November 5, 2021 Brief Summary:  DC finding of improper venue and failure to state a claim affirmed. Summary:  Celgene sued Mylan for infringement under the … Continue reading

Posted in Generics / ANDA, Infringement, Jurisdiction, Venue | Leave a comment

ISPs handling servers are not Google’s agents, venue therefore improper

In Re: Google LLC Docket No. 2019-126 DYK, WALLACH, TARANTO February 13, 2020 Brief Summary: ED TX not the proper venue since Google “had no employee or agent regularly conducting its business” in that district (ISPs handling servers are not … Continue reading

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In re: Micron Technology, Inc.

Docket No. 2017-138 TARANTO, CHEN, HUGHES November 15, 2017 Brief summary: DC denial of Micron’s TC Heartland-based venue objection under FCRP 12(h)(1)(A) vacated and remanded for consideration under the “less bright-line more discretionary framework” of Dietz (US 2016). Summary: Micron … Continue reading

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In Re: Cray Inc.

Docket No. 2017-129 LOURIE, REYNA, STOLL September 21, 2017 Brief summary: Cray was found not to the meet the FC’s venue requirements (e.g., employee’s home office was not a “regular and established place of business”) and the writ of mandamus … Continue reading

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