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ARTICLE · 20 MARCH 2018

Different Bases, Same Result In District Of Minnesota Transfer Cases

The District of Minnesota continues to see many cases transferred to other districts after last year's Supreme Court decision on venue in patent cases in TC Heartland v. Kraft Foods.

United StatesLitigation, Mediation & Arbitration

The District of Minnesota continues to see many cases transferred to other districts after last year's Supreme Court decision on venue in patent cases in TC Heartland v. Kraft Foods. Last month, in Cutsforth, Inc. v. LEMM Liquidating Co. and Regents of the University of Minnesota v. LSI Corporation and Avago Technologies, Judges Susan Nelson and Wilhelmina Wright both sent patent cases packing after concluding the defendants had not waived their right to object to venue. While both cases resulted in transfer, Judge Nelson analyzed the waiver issue under Rule 1 and Judge Wright did so under Rule 12.

After Transfer Under Rule 12, Federal Circuit Sends Cutsforth Back to Minnesota

February was not the first time a transfer motion was decided in the Cutsforth case. In August 2017, Judge Nelson found venue was improper under Rule 12 and transferred the case to the Western District of Pennsylvania. The court held the defendants had not waived their venue objections

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