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IP, Patent

Breaking News – Transfer Motion Granted In ED Tex False Marking Case

Via Michael Smith’s EDTex Blog:

Motions to transfer filed by the defendant in the one of the three in which it was filed (a single-defendant case) was granted from the bench (as I write this, patent lawyers are literally scattering across the Marshall square in search of computers, typewriters, and even Putt-Putt penciles to file motions to transfer where they were not already). There were no motions to transfer in the multi-defendant case, or in the other single-defendant case, as tas the ruling was from the bench, no written order at the moment.

via Eastern District of Texas Federal Court Practice: Marshall False Marking cases update part 1: the fog lifts (and real quick too).

Judge Ward also made clear he wasn’t going to be dismissing anyone on the pleadings, barring further guidance from the CAFC.  If you’re accused of false marking in East Texas, and your lawyer wants to file a motion to dismiss because the complaint is “insufficient” it may not be worth your time.  On the other hand, if you have few, or no real ties to Texas, getting that venue motion on file might be successful (although other than convenience, there’s not necessarily a clear benefit to transferring out at this point).

Additional useful commentary on false marking cases over at Jackie Hutter’s blog:

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