Category: motion to transfer

Sarvint Retains Jurisdiction in the Northern District in Another Order from Judge Batten

Judge Batten denied a motion brought by Carré Technologies, Inc. (“Carré”) to dismiss[i] apatent infringement action brought by Sarvint Technologies, Inc. (“Sarvint”) for lack of personal jurisdiction.  The Court began by incorporating discussions from its Order in the sister case of Sarvint v. OMsignal, on which we recently reported. The accused […]

Comprehensive Ruling on Personal Jurisdiction and Transfer Issues Offers Cautions and Gems for In-house Counsel and Trial Lawyers

In a 46-page order, Judge Timothy Batten denied a motion to dismiss under FRCP 12(b)(2) and (3) for lack of personal jurisdiction and improper venue, or in the alternative to transfer venue brought by OMsignal, Inc. (“OMsignal”) filed in connection with the complaint of Sarvint Technologies, Inc. (“Sarvint”) […]

Patent Case Denied Transfer- Northern District of Georgia Agrees with Southern District of Florida that the Value of Document Location in Considering Transfer Motions Is Accorded Little Weight in Electronic Era

Acceleron, LLC, a Delaware limited liability company claiming a principal place of business in Atlanta, filed suit against Dell Inc., headquartered in Round Rock, Texas, alleging infringement of Patent No. 6,948,021 (the “’021 patent”), which deals with a hot-swappable server module in a computer network. On June 12, […]

Judge Pannell Declines to Reconsider Order Denying “Re-transfer” of Patent Infringement Action

File an appropriate motion.  Follow accepted procedures.  Address the relevant factors.  Present clear, concise argument.  Avoid legalese and long block quotations.These are the directives of a recent order from Judge Pannell denying reconsideration of an order in which the Court declined to “re-transfer” a patent infringement case to […]

License Demand Letter Isn’t Enough to Establish Personal Jurisdiction Over Patentee Defendant in a Declaratory Judgment Action

Attorneys often worry that sending a license demand letter (or cease-and-desist letter) on behalf of a patentee will prompt an accused infringer to file a declaratory judgment action in its home forum, thus preempting the patentee’s choice of forum.  This fear is the most significant factor behind patentees’ […]