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Federal Rules of Civil Procedure Motion to Dismiss Venue

Patterson Belknap Webb & Tyler LLP

Not a Repeat Offender: Magistrate Judge Bloom Declines to Sanction “Ernest” Pro Se Plaintiff for Re-filing Dismissed Case in a...

On April 4, 2025, Magistrate Judge Lois Bloom (E.D.N.Y.) declined to sanction a pro se plaintiff for failing to conduct an adequate pre-suit investigation of whether his patent was infringed. Plaintiff initially filed a...more

Baker Botts L.L.P.

Use of Amazon Warehouses for Distribution Alone Won't Establish Patent Venue, Court Rules

Baker Botts L.L.P. on

Key Takeaway: Just as over a million businesses use Amazon web servers, many independent sellers also use Amazon warehouses to store their inventory. More than 60% of sales in the Amazon store come from independent sellers,...more

Bond Schoeneck & King PLLC

Will EDTX Sanctions Decision Deter Improper Venue Allegations in Patent Lawsuits?

Following the Supreme Court’s TC Heartland decision in 2017, a patent owner may only sue an alleged infringer in either: (1) a judicial district of the state where the defendant is incorporated; or (2) a judicial district...more

Snell & Wilmer

Federal Circuit Holds Patent Venue Decision Based on Remote Workers Did Not Warrant Mandamus Relief

Snell & Wilmer on

The Federal Circuit recently denied a mandamus petition seeking relief from a district court order denying a motion to dismiss a patent case for improper venue under 28 U.S.C. § 1400(b). Bel Power Solutions, Inc. sued...more

McDonnell Boehnen Hulbert & Berghoff LLP

CDx Diagnostic, Inc. v. United States Endoscopy Group, Inc. (S.D.N.Y. 2018)

Storage Units Do Not Satisfy Second Prong of Cray Test for Establishing "Regular and Established Place of Business" - Earlier this year, in CDX Diagnostic, Inc. v. United States Endoscopy Group, Inc., District Judge Nelson...more

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