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26 results

June 12, 2024

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4 min read

Judge Pitman Grants Motion To Transfer To the Northern District of California Based on Multiple Factors Strongly Favoring Transfer

Defendant Tableau Software, LLC (Tableau) filed an opposed motion to transfer venue to the Northern District of California. On May 21, 2024, Judge Pitman granted Tableau’s motion and transferred the proceeding between Tableau and iCharts LLC.

...Read more

December 6, 2023

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4 min read

Judge Albright Denies Amazon and eero’s Motion To Dismiss For Improper Venue and To Transfer Venue To The Northern District of California

On November 6, 2023, Judge Albright denied Defendants Amazon Services LLC and eero LLC’s Motion to Dismiss for Improper Venue and to Transfer Venue to the Northern District of California.

...Read more

July 12, 2023

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3 min read

Judge Albright Grants Defendant’s Motion To Transfer When Witnesses, Evidence, And Events Giving Rise To Suit Are Located In Transfer Destination Venue

On May 26, 2023, Judge Albright granted Defendant Adobe Inc.’s (Adobe) motion to transfer venue to the Northern District of California (NDCA).

...Read more

July 5, 2023

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3 min read

Judge Albright Grants Defendant Apple’s Motion To Transfer Venue To the Northern District of California

On February 2, 2022, Zentian filed a complaint against Apple alleging infringement of four patents directed to improving the performance and efficiency of speech recognition on-device systems, including in the areas of parallel processing and circuit configurations.

...Read more

March 1, 2023

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4 min read

Judge Albright Grants Defendants’ Motions To Transfer Venue When Only Practical Considerations and Court Congestion Weighed Against Transfer

Topia Tech, Inc. v. Dropbox Inc., et al., No. W-21-CV-01373-ADA, is a case brought by Topia, alleging that Dropbox infringes several patents related to sharing electronic files between multiple devices.

...Read more

February 3, 2023

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1 min read

Judge Albright Denies Motion To Transfer Venue for Failure To Carry Burden on Threshold Issue

Defendants Kioxia Corporation (“KIC”) and Kioxia America (“KAI”) (collectively, “Kioxia”) filed a motion to transfer venue to the Northern District of California (“NDCA”) pursuant to 28 U.S.C. § 1404(a).

...Read more

December 5, 2022

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2 min read

Judge Albright Denies Defendant Vivint, Inc.’s Motion To Transfer Venue and Grants Defendant Google LLC’s Motion To Transfer Venue

In orders ruling on two motions to transfer venue to the Northern District of California (N.D. Cal.) in related cases, Judge Albright granted transfer to Defendant Google LLC and denied transfer to Defendant Vivint, Inc.

...Read more

May 20, 2022

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2 min read

Judge Albright Finds Transfer of Microsoft Case Appropriate Considering Facts of This Case, Despite Plaintiff’s Argument That Microsoft Had Not Challenged Venue in Other Cases

On April 20, 2022, Judge Albright granted Defendant Microsoft Corporation’s (Microsoft) Motion to Transfer Venue to the Western District of Washington (WDWA) finding Microsoft met its burden that transfer is clearly more convenient. 

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April 8, 2022

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3 min read

Judge Albright Severs and Transfers Defendant in Monolithic Power Systems, Inc. v. Meraki Integrated Cir. Tech., Ltd.

On March 25, 2022, Judge Albright granted Defendant Meraki Integrated Circuit (Shenzhen) Technology, Ltd.’s (“Meraki”) opposed motion for reconsideration and severed Defendant Meraki and granted its transfer motion to the Northern District of California (“NDCA”).

Plaintiffs Monolithic Power Systems, Inc. and Chengdu Monolithic Power Systems Co., Ltd. (together, “MPS”) filed this action against Defendant Meraki, alleging patent infringement (“Patent Claims”) along with claims of trade secret misappropriation, tortious interference, and unfair competition (“Non-Patent Claims”). Also, MPS filed a lawsuit in the NDCA against Defendant Meraki’s founders in their individual capacities.

...Read more

April 1, 2022

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3 min read

On Reconsideration, Judge Albright Transfers AudioEye, Inc. v. accessiBe Ltd.

On March 9, 2022, several months after accessiBe Ltd. (“accessiBe”) was denied transfer in AudioEye, Inc. v. accessiBe Ltd., Judge Albright reversed his decision on reconsideration. The case will proceed in the Western District of New York (“WDNY”).

...Read more

March 16, 2022

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3 min read

Judge Albright Denies Transfer in BillJCo, LLC v. Apple, Inc., Saying That Apple Failed to Show That the NDCA Is a Clearly More Convenient Forum

On March 1, 2022, Judge Albright denied Defendant Apple, Inc.’s (“Apple”) Motion to Transfer Venue to the Northern District of California (“NDCA”), “alleging that it is more convenient than this District.” Plaintiff BillJCo, LLC (“BillJCo”) did not contest that this action could have been brought in the NDCA.

...Read more

March 15, 2022

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3 min read

Judge Albright Grants Transfer in Decapolis Systems, LLC v. eClinicalWorks, LLC, but Reiterates That Court Congestion, While Not Dispositive, Is Not Entitled to Less Weight Than Other Factors

On March 1, 2022, Judge Albright granted Defendant eClinicalWorks, LLC’s (“eClinical”) Motion to Transfer Venue to the District of Massachusetts. eClinical did not argue that the Western District of Texas, Waco Division (“WDTX”) was an improper venue, but rather that the District of Massachusetts “is simply a more convenient forum.”

...Read more

January 5, 2022

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3 min read

Judge Albright Grants Intra-district Transfer to the Austin Division

Judge Albright granted Defendants’ Motion to Transfer to the Austin Division of the Western District of Texas in Express Mobile, Inc. v. Expedia, Inc., HomeAway.com, Inc., No. W-20-CV-00801-ADA (December 15, 2021, Order Granting Defendants’ Motion to Transfer).

...Read more

December 2, 2021

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4 min read

Judge Albright Reverses Transfer Decision in Open Text Corp.

Less than a month after denying Alfresco Software, Ltd.’s motion for transfer of venue under 28 U.S.C. 1404(a) in Open Text Corp. v. Alfresco Software, Ltd., Judge Albright reversed his own order in light of In re Juniper Networks, Inc., 14 F.4th 1313 (Fed. Cir. 2021). The case has now been transferred to the Central District of California (CDCA).

...Read more

August 23, 2021

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2 min read

Court Not Convinced that Related Case Against Defendant’s Founders in NDCA Was Enough to Grant Transfer

Judge Albright denies transfer despite pending case in NDCA with some overlapping issues.

...Read more

August 19, 2021

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3 min read

Judge Albright Denies Two WDTX-to-NDCA Transfer Motions Largely Due to Parallel Litigation in WDTX

On July 1, 2021, in two separate rulings, Judge Albright denied defendants Samsung’s and Intel’s Motions to Transfer Venue to the NDCA.

...Read more

August 4, 2021

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8 min read

Federal Circuit Decides Three Mandamus Challenges: Sending a Waco Patent Case Filed Against Hulu to California, But Keeping Patent Cases Filed Against Apple and Google in Waco

It’s moving day again, with the Federal Circuit directing Judge Albright (Waco) to transfer a patent case against Hulu to the Central District of California. 

...Read more

July 13, 2021

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2 min read

In Another Blow to Contracted Venue, the Federal Circuit Directs That Uber Be Transferred to Northern California

On July 8, 2021, the Federal Circuit granted a mandamus challenge and ordered Judge Albright to transfer the patent litigation by Ikorongo Technology against defendant Uber Technologies, Inc., from the Western District of Texas to the Northern District of California pursuant to 28 U.S.C. § 1404(a).

...Read more

July 2, 2021

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1 min read

Shelf Space Alone Not Enough To Establish Venue in WDTX

On June 22, 2021, the court granted the defendant’s Motion to Dismiss for Improper Venue in Koss Corp. v. PEAG LLC DBA JLAB Audio, Case No. 6:20-cv-00662-ADA.

...Read more

July 1, 2021

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3 min read

Contracted Forum Shopping in Waco Update: Federal Circuit Grants Mandamus and Directs Transfer to Northern California

On June 30, 2021, the Federal Circuit granted a mandamus challenge and directed Judge Albright to transfer a pair of cases against Samsung and LG defendants from West Texas to Northern California.

...Read more
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About This Blog

Winston & Strawn’s WacoWatch series delivers information and analysis on Judge Alan Albright, his important decisions, his procedures, and emerging trends related to patent litigation in the Waco Division of the Western District of Texas.

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Thomas B. Walsh

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Mike Rueckheim

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Brett Johnson

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Katrina Eash

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Kelly C. Hunsaker

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William Logan

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Evan Lewis

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Related Insights & News

Blog
Judge Albright Finds Transfer of Microsoft Case Appropriate Considering Facts of This Case, Despite Plaintiff’s Argument That Microsoft Had Not Challenged Venue in Other Cases

May 20, 2022

Blog
Judge Albright Denies Transfer in BillJCo, LLC v. Apple, Inc., Saying That Apple Failed to Show That the NDCA Is a Clearly More Convenient Forum

March 16, 2022

Blog
Judge Albright Grants Transfer in Decapolis Systems, LLC v. eClinicalWorks, LLC, but Reiterates That Court Congestion, While Not Dispositive, Is Not Entitled to Less Weight Than Other Factors

March 15, 2022

Blog
Federal Circuit Decides Three Mandamus Challenges: Sending a Waco Patent Case Filed Against Hulu to California, But Keeping Patent Cases Filed Against Apple and Google in Waco

August 4, 2021

Blog
Judge Albright Finds S.D. California More Convenient Because S.D. California Already Had Familiarity with the Patents in Suit

May 5, 2021

Blog
Contracted Forum Shopping in Waco

March 8, 2021

Blog
Motion for Intradistrict Transfer from Waco Division to Austin Division Granted

June 2, 2020

Blog
Court to Decide Indefiniteness Issues (Caused by PTO Error) at Rule 12 Stage; Reasonable Venue Discovery Allowed

May 22, 2020

Blog
Judge Albright Finds Transfer of Microsoft Case Appropriate Considering Facts of This Case, Despite Plaintiff’s Argument That Microsoft Had Not Challenged Venue in Other Cases
May 20, 2022
Blog
Judge Albright Denies Transfer in BillJCo, LLC v. Apple, Inc., Saying That Apple Failed to Show That the NDCA Is a Clearly More Convenient Forum
March 16, 2022
Blog
Judge Albright Grants Transfer in Decapolis Systems, LLC v. eClinicalWorks, LLC, but Reiterates That Court Congestion, While Not Dispositive, Is Not Entitled to Less Weight Than Other Factors
March 15, 2022
Blog
Federal Circuit Decides Three Mandamus Challenges: Sending a Waco Patent Case Filed Against Hulu to California, But Keeping Patent Cases Filed Against Apple and Google in Waco
August 4, 2021
Blog
Judge Albright Finds S.D. California More Convenient Because S.D. California Already Had Familiarity with the Patents in Suit
May 5, 2021
Blog
Contracted Forum Shopping in Waco
March 8, 2021
Blog
Motion for Intradistrict Transfer from Waco Division to Austin Division Granted
June 2, 2020
Blog
Court to Decide Indefiniteness Issues (Caused by PTO Error) at Rule 12 Stage; Reasonable Venue Discovery Allowed
May 22, 2020
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