Law.com Subscribers SAVE 30%

Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.

Affirmation of the Alien Venue Rule

By Brian Kramer and Kevin T. Kwon
July 01, 2018

The Federal Circuit recently addressed motions to transfer and drew a distinction between motions filed under 28 U.S.C. §1404(a) based upon the convenience of parties and witnesses and those filed under 28 U.S.C. §1406(a) for improper venue. In re: HTC Corp., 889 F.3d 1349, 1352 (Fed. Cir. 2018). The Federal Circuit further closed a potential venue loophole created by TC Heartland LLC v. Kraft Foods Group Brands LLC, 137 S.Ct. 1514, and clarified that the Supreme Court's recent decision did not supplant the long-standing rule that venue laws do not protect foreign defendants. In re: HTC, at 1357.

HTC Corporation, a Taiwanese corporation, and its U.S. based subsidiary HTC America, Inc., were sued for patent infringement in the District of Delaware. Both HTC entities moved to dismiss for improper venue pursuant to Federal Rule of Civil Procedure 12(b)(3) or, in the alternative, to transfer the case to the Western District of Washington where HTC America, Inc. has its principal place of business. The district court granted as to HTC America but denied as to HTC Corporation, and HTC Corporation subsequently petitioned the Federal Circuit for a writ of mandamus.

A writ of mandamus seeks relief from the appeals court before a party could normally appeal a trial court ruling. Accordingly, it is an extraordinary remedy that may only issue when: 1) the petitioner has no other adequate means to attain the relief desired; 2) the petitioner demonstrates a clear and indisputable right to the issuance of the writ; and 3) the issuing court, in the exercise of its discretion, is satisfied that the writ is appropriate under the circumstances.

This premium content is locked for Entertainment Law & Finance subscribers only

  • Stay current on the latest information, rulings, regulations, and trends
  • Includes practical, must-have information on copyrights, royalties, AI, and more
  • Tap into expert guidance from top entertainment lawyers and experts

For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473

Read These Next
Major Differences In UK, U.S. Copyright Laws Image

This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.

The Article 8 Opt In Image

The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.

Strategy vs. Tactics: Two Sides of a Difficult Coin Image

With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.

Legal Possession: What Does It Mean? Image

Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.

The Anti-Assignment Override Provisions Image

UCC Sections 9406(d) and 9408(a) are one of the most powerful, yet least understood, sections of the Uniform Commercial Code. On their face, they appear to override anti-assignment provisions in agreements that would limit the grant of a security interest. But do these sections really work?