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ARTICLE · 21 JULY 2021

CAFC Patent Cases, 6/30/21-7/16/21

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Dyk, J. Granting the writs of mandamus and directing the district court to grant petitioner's motions to transfer. On the issue of whether these cases "might have been brought" in the Northern District of California.

United StatesIntellectual Property
Arthur Coviello
Arthur Coviello
Richard Goldenberg
Richard Goldenberg
Omar Khan
Omar Khan
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Precedential Federal Circuit Opinions

  1. IN RE: SAMSUNG ELECTRONICS CO., LTD., SAMSUNG ELECTRONICS AMERICA, INC., LG ELECTRONICS INC., LG ELECTRONICS USA, INC. [OPINION] (2021-139, 2021-140, 6/30/2021) (Lourie, Dyk, Reyna)

Dyk, J. Granting the writs of mandamus and directing the district court to grant petitioner's motions to transfer. On the issue of whether these cases "might have been brought" in the Northern District of California, the district court erred by disregarding the pre-litigation acts by Plaintiffs aimed at manipulating venue. One of the plaintiff entities had assigned to the other plaintiff entity exclusive rights to sue for infringement within certain specified parts of the state of Texas, including certain counties in the Western District of Texas, while retaining the rights to the patents in the rest of country. On the face of the complaint, the Northern District of California could not be a proper venue for the exclusive licensee's

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