I just Googled “Improper Venue Texas”

Patent

This post serves as a complement to Prof. Gugliuzza's new remarks on a parallel case of In re Apple. - DC

by Dennis Crouch

In re Google (Fed. Cir. September 18, 2020) (Google III)

Google's business pervades the lives of most Americans, including most citizens of the E.D. of Texas.  Google has millions of customers in the district; serves terabytes of data to, from, and within the district; and keeps detailed files on the activities of its citizens. Google also has lots of Texas lawyers.  Google is doing everything it can to move this case out of E.D.Texas.  The reality is though that Google doesn't mind being in Texas, it just doesn't want Texas style justice -- where patent cases are on a direct path to a jury trial.

28 U.S.C. 1400(b) has a specific test for proper venue. An infringement lawsuit can only be filed in a district where either:

To continue reading, become a Patently-O member. Already a member? Simply log in to access the full post.

Garmin: Applying Facts-to-the-Law vs Law-to-the-Facts

Patent

Garmin USA, Inc., et al. v. Cellspin Soft, Inc. (Supreme Court 2019)

Question Presented: Whether patent eligibility is a question of law for the court that can be resolved on a motion to dismiss, notwithstanding allegations in a complaint that the asserted claims are inventive.

[Petition for Writ of Certiorari][Appendix].

To continue reading, become a Patently-O member. Already a member? Simply log in to access the full post.