Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
IP News
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
ENJOY UNLIMITED ACCESS TO THE SINGLE SOURCE OF OBJECTIVE LEGAL ANALYSIS, PRACTICAL INSIGHTS, AND NEWS IN ENTERTAINMENT LAW.
- 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
Already a have an account? Sign In Now Log In Now
For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473
'Huguenot LLC v. Megalith Capital Group Fund I, L.P.': A Tutorial On Contract Liability for Real Estate Purchasers
In June 2024, the First Department decided Huguenot LLC v. Megalith Capital Group Fund I, L.P., which resolved a question of liability for a group of condominium apartment buyers and in so doing, touched on a wide range of issues about how contracts can obligate purchasers of real property.
Strategy vs. Tactics: Two Sides of a Difficult Coin
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.
CoStar Wins Injunction for Breach-of-Contract Damages In CRE Database Access Lawsuit
Latham & Watkins helped the largest U.S. commercial real estate research company prevail in a breach-of-contract dispute in District of Columbia federal court.
The Power of Your Inner Circle: Turning Friends and Social Contacts Into Business Allies
Practical strategies to explore doing business with friends and social contacts in a way that respects relationships and maximizes opportunities.