Google Wins Transfer of Patent Lawsuit Despite 5th Cir. Case Law

Oct. 6, 2022, 5:31 PM UTC

A patent-licensing company accusing Google LLC of infringement can’t brush off Federal Circuit precedent to beat the tech giant’s venue transfer bid, Texas federal Judge Alan Albright ruled, moving the case to the Northern District of California.

Motion Offense LLC tried to argue that Fifth Circuit precedent concerning witness subpoenas, evidence locations, and home-town advantage should govern the case—and tip the scale against transfer—but Albright said that would be inappropriate.

“This Court cannot and does not overrule the reasoning of the Federal Circuit in a patent case,” he wroteTuesday. “Although the Federal Circuit issues unpublished, nonprecedential transfer opinions, the ...

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