A Blog About Intellectual Property Litigation and the District of Delaware


Entries for tag: Venue

We mentioned a while ago that Judge Barker, visiting from Texas, had filed orders in at least 17 of his cases asking if the parties consented to holding hearings and/or trial in the Eastern District of Texas.

Micah Boswell, Unsplash

At the time, most of the plaintiffs agreed to hearings and trials in Texas, while most defendants did not. There was no case where both parties assented to trial in Texas, but there were a few where the parties agreed to pretrial hearings there.

Just last week, Judge Barker entered a new order in several cases with pending motions that gave the parties a few more venue options:

Now before the court is a motion to dismiss for failure …

Visualization of pendent venue
Visualization of pendent venue Chris Linnett, Unsplash

Today Chief Judge Connolly addressed a motion to dismiss a combined trade dress, federal unfair competition, copyright infringement, and design patent infringement action.

The parties apparently agreed that the defendant in the action did not meet the TC Heartland venue test for the patent portion of the action:

Argento is a New York corporation with its principal place of business in New York. . . . It is undisputed that Argento does not own, rent, or maintain any offices, physical property, addresses, or bank accounts in Delaware and does not employ any Delaware-based employees, agents, or representatives. It is also undisputed that venue of Globefill's patent claim against Argento does not lie …