Law.com Subscribers SAVE 30%

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

The Intellectual Property StrategistColumns & DepartmentsIntellectual PropertyLitigationPatent Litigation

IP News

By Jeffrey Ginsberg and Ryan J. Sheehan
March 01, 2021

Federal Circuit: Texas Court Abused Its Discretion By Delaying On Venue Transfer Motion While Proceeding With the Merits of the Case

A district court has broad discretion to manage its docket and decide venue transfer motions. The ongoing proceedings in Netlist, Inc. v. SK Hynix Inc., Nos. 6:20-CV-00194-ADA, 6:20-cv-00525-ADA (W.D. Tex.) provide an unusual and informative example of the scope and bounds of that discretion.

On March 17, 2020, Plaintiff Netlist filed a first action in the Western District of Texas alleging that Defendant SK Hynix infringes two related patents. A few months later, on June 15, 2020, it filed a second action in the same court alleging infringement of a third, unrelated patent. District Court Judge Alan Albright consolidated the cases, setting a Markman hearing for March 19, 2021 and trial for Dec. 6, 2021. See, e.g., -194 case, Dkt. No. 73 at 3, 5.

On May 4, 2020, SK Hynix moved to transfer the first case to the Central District of California, where Netlist is headquartered, the two inventors of the patents reside, and two lawsuits were pending between the parties alleging that the same accused products infringed related patents. As a basis for transfer, SK Hynix relied on both the "first-to-file" rule (which provides for transfer when another district court is already hearing a case addressing overlapping issues) and 28 U.S.C. §1404(a) (which provides for transfer based on the convenience of parties and witnesses and the interest of justice). The parties then stipulated that the transfer motion would also apply in the second case.

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
Overview of Regulatory Guidance Governing the Use of AI Systems In the Workplace Image

Businesses have long embraced the use of computer technology in the workplace as a means of improving efficiency and productivity of their operations. In recent years, businesses have incorporated artificial intelligence and other automated and algorithmic technologies into their computer systems. This article provides an overview of the federal regulatory guidance and the state and local rules in place so far and suggests ways in which employers may wish to address these developments with policies and practices to reduce legal risk.

Is Google Search Dead? How AI Is Reshaping Search and SEO Image

This two-part article dives into the massive shifts AI is bringing to Google Search and SEO and why traditional searches are no longer part of the solution for marketers. It’s not theoretical, it’s happening, and firms that adapt will come out ahead.

While Federal Legislation Flounders, State Privacy Laws for Children and Teens Gain Momentum Image

For decades, the Children’s Online Privacy Protection Act has been the only law to expressly address privacy for minors’ information other than student data. In the absence of more robust federal requirements, states are stepping in to regulate not only the processing of all minors’ data, but also online platforms used by teens and children.

Revolutionizing Workplace Design: A Perspective from Gray Reed Image

In an era where the workplace is constantly evolving, law firms face unique challenges and opportunities in facilities management, real estate, and design. Across the industry, firms are reevaluating their office spaces to adapt to hybrid work models, prioritize collaboration, and enhance employee experience. Trends such as flexible seating, technology-driven planning, and the creation of multifunctional spaces are shaping the future of law firm offices.

From DeepSeek to Distillation: Protecting IP In An AI World Image

Protection against unauthorized model distillation is an emerging issue within the longstanding theme of safeguarding intellectual property. This article examines the legal protections available under the current legal framework and explore why patents may serve as a crucial safeguard against unauthorized distillation.