Amazon Denied Transfer to California in Alexa Device Lawsuit

A Texas federal district court will continue overseeing VoIP-Pal.com Inc.'s lawsuit alleging that Amazon.com Inc. infringed its communications patent through a platform that allows Alexa devices to initiate calls or voice messages, instead of transferring the case to California.

Amazon argued that a transfer was appropriate because several witnesses it plans to use are located in California.

But witness convenience—the most important transfer analysis factor—weighed against moving the case, Judge Alan Albright of the US District Court for the Western District of Texas said in a Wednesday order.

There are 20 witnesses in or around the Northern District of California and 53 witnesses in or around the Western District of Texas, the court said.

Those 53 witnesses are Amazon employees in Austin that VoIP-Pal says comprises a team that designs and develops the operating system for Amazon Echo and FireTV products, the court said.

This team is relevant because of its involvement in developing systems and devices that implement the Alexa calling and messaging functionality, the court said.

The court congestion factor also weighed against transfer, because recent data show that the Western District of Texas has been able to hold trials faster than the US District Court for the Northern District of California, Albright said.

And relevant documents related to the Alexa calling and messaging system are located in Austin, the court said.

Parmenter Intellectual Property Law PLLC, The Gikkas Law Firm PC, and Hudnell Law Group PC represent VoIP-Pal. Perkins Coie LLP represents Amazon.

The case is VoIP-Pal.com Inc. v. Amazon.com Inc., W.D. Tex., No. 20-cv-272, 10/19/22.