The Federal Circuit has held that “virtual” business operations are insufficient to establish patent venue. And it rejected the widely discussed four-factor approach to patent venue adopted by the Eastern District of Texas, which until recently was the nation’s busiest patent venue.
Continue Reading “Virtual” Business Operations Don’t Establish Venue for Patent Cases
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Fifth Circuit Discusses Venue Selection Clauses
By Mike Northrup on
Posted in Venue
If you’ve got a venue selection clause and you are wondering whether you can file in state or federal court, or whether you can remove a state-filed case to federal court, you might look at the Fifth Circuit‘s opinion in Alliance Health Group LLC v. Bridging Health Options LLC.
The venue clause in this case provided that "exclusive venue for any litigation related hereto shall occur in Harrison County, Mississippi." The Court held that the particular language of this clause and the fact that Harrison County, Mississippi has a federal courthouse in that county permits venue in federal court. Significantly, the Court discusses a number of other permutations to the language in venue clauses and draws distinctions that may be of use to practitioners.
For your convenience, I’ve extracted from the court’s opinion its commentary on some of the permutations of venue selection language and what result attaches to the language.Continue Reading Fifth Circuit Discusses Venue Selection Clauses
Suit to Remove Lis Pendens Involves Interest In Land
By Byron Henry on
Posted in Opinions & Judgments, Venue
In a case involving application of the mandatory venue provision in section 15.011 of the Texas Civil Practice and Remedies Code, the Dallas Court of Appeals held that a suit to remove a lis pendens constitutes an action to quiet title. The Court, therefore, held that "[o]nce it is demonstrated that the court’s judgment would have…
En Banc Fifth Circuit Orders Volkswagen Case Transferred
By Byron Henry on
"The overarching question before the en banc Court is whether a writ of mandamus should issue directing the transfer of this case from the Marshall Division of the Eastern District of Texas–which has no connection to the parties, the witnesses, or the facts of this case–to the Dallas Division of the Northern District of…