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Federal Circuit IP Blog

Court Rejects Pre-Litigation Acts to Manipulate Venue

July 8, 2021

Authored and Edited by Kara A. Specht; Christina Ji-Hye Yang; Elizabeth D. Ferrill

In In re Samsung Elecs Co., No. 2021-139 (Fed. Cir. June 3, 2021), the Federal Circuit granted mandamus, ordering the transfer of pending cases by Ikorongo Tech and Ikorongo Texas against Samsung and LG from the WDTX to the NDCA. The district court denied transfer, holding that the case could not have been brought in the NDCA because Ikorongo Texas was only entitled to enforce its “rights to the patent within the prescribed geographic region” in the WDTX.

The Federal Circuit disagreed, finding this conclusion “erroneous because the district court disregarded the pre-litigation acts by Ikorongo Tech and Ikorongo Texas aimed at manipulating venue.” Ikoronogo Texas was created and assigned targeted geographic rights to the asserted patent only in select Texas counties within the WDTX region in the month before filing suit in the WDTX. The Court found that Ikorongo Texas conducts no other business in the WDTX. Absent such manipulation, the Federal Circuit determined that the case could have been brought in the NDCA, which was found to be more convenient under 28 U.S.C. § 1404(a). The Court thus granted the defendants’ petitions for writs of mandamus, directing the district court to grant the motions to transfer to the NDCA.

Tags

patent venue, Western District of Texas, Northern District of California, United States Court of Appeals for the Federal Circuit (CAFC)

Related Practices

Appeals, Issues, and Legal Strategy

Federal Circuit and Supreme Court Appeals

Related Industries

AI, Electronics, and Information Technology

Electronic Devices and Components

Related Offices

Atlanta, GA

Washington, DC

Contacts

Kara A. Specht
Partner
Atlanta, GA
+1 404 653 6481
Email
Christina Ji-Hye Yang
Partner
Washington, DC
+1 202 408 4465
Email
Elizabeth D. Ferrill
Partner
Washington, DC
+1 202 408 4445
Email

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