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17 Feb 2015, 8:33 am by Ryan Scoville
A few years ago, Congress passed the Federal Courts Jurisdiction and Venue Clarification Act of 2011, in part to resolve, as the title suggests, uncertainties concerning the old venue statute. [read post]
§ 1406(a) and Rule 12(b)(3) because those provisions only apply when venue is “wrong” or “improper,” as determined by federal venue law, 28 U.S.C. [read post]
25 May 2017, 7:32 am by Docket Navigator
Following the recent Supreme Court decision in TC Heartland, the court sua sponte ordered the parties to brief whether venue of plaintiffs' patent infringement action was proper. [read post]
14 Mar 2021, 4:19 pm by Dennis Crouch
Proper Venue: Congress created a particular venue statute for patent infringement lawsuits (28 USC 1400(b)) that is substantially narrower than the general venue statute used in Federal Courts. (28 USC 1391). [read post]
2 Feb 2009, 8:12 am
[Plaintiff] alleges direct infringement through the websites of the Defendants, none of which are located in this venue; most are located in California. [read post]
26 Mar 2021, 11:48 am by Arfaa Law Group
Notably, a court may transfer a matter to another venue even if the case was brought in a proper venue. [read post]
7 Aug 2017, 7:09 am by Docket Navigator
[A] party that files a Rule 12(b) motion and fails to raise the issue of improper venue can avoid waiving that issue if the party supplements its motion 'before the . . . court [takes] up the matter.' To the extent that 'prompt' amendment is a requirement to avoid waiver, the Court finds that [defendant's] filing of a motion raising improper venue within a month of the Supreme Court’s decision in TC Heartland is sufficiently prompt as this case has… [read post]
11 Jul 2017, 7:41 am by Docket Navigator
"[N]o facts regarding venue changed from when [plaintiff] filed its Original Complaint to its Amended Complaint. [read post]
13 Aug 2010, 5:48 am by Amy Bray
If the original owner had been a joint obligor, it would have allowed application of the rules regarding proper venue for such parties, allowing the case to be tried in a county of proper venue for any one of the joint obligors. [read post]
29 Apr 2014, 8:23 pm by Thaddeus Hoffmeister
The attorneys for James Holmes have filed a change of venue motion. [read post]
3 Oct 2016, 12:11 pm by Gregory J. Brod
A woman who was allegedly struck by a player on the University of Oklahoma’s football team recently resisted a motion by the defendant’s legal team to change the venue of the proceeding from federal court in California to Oklahoma. [read post]
24 Mar 2016, 7:30 am by Paul Morinville
Often the new venue is not experienced in patent cases and may take years longer to conclude the litigation. [read post]
22 Sep 2020, 3:58 am by SHG
They moved for a change of venue outside Hennepin County. [read post]
20 Jun 2019, 5:07 am by DeFrancisco & Falgiatano
For the court to grant a defendant’s motion to dismiss, the defendant must prove that the venue chosen by the plaintiff is improper and that his or her chosen venue is proper. [read post]
29 Jul 2019, 5:41 am by Austin T. Hamilton, Esq.
Mandatory venue provisions A venue provision is mandatory if the plain language used by the parties indicates that the venue selected by the parties is the exclusive venue for litigation regarding the contract. [read post]
29 Jul 2019, 5:41 am by Austin T. Hamilton, Esq.
Mandatory venue provisions A venue provision is mandatory if the plain language used by the parties indicates that the venue selected by the parties is the exclusive venue for litigation regarding the contract. [read post]
29 Jul 2019, 5:41 am by Austin T. Hamilton, Esq.
Mandatory venue provisions A venue provision is mandatory if the plain language used by the parties indicates that the venue selected by the parties is the exclusive venue for litigation regarding the contract. [read post]