Posts Tagged: "transfer"

Messy Trademark Case Over ‘The Sloppy Tuna’ Gets Cleaned Up by the Second Circuit

???In Montauk U.S.A. v. 148 South Emerson Associates the Second Circuit vacated-in-part an earlier ruling in a trademark case. In that ruling, the district court denied a motion for preliminary injunction filed by Montauk, which was asserting its trademark rights to marks associated with The Sloppy Tuna restaurant.

Steve Brachmann

May 14, 2018

USPTO Increases IPR Filing Fees by $6,500 in Final Rule on Fee Adjustments

The USPTO issued a final rule to set or adjust certain patent fees as the agency is authorized to do under the America Invents Act (AIA) of 2011. The fee increases, which include some significant increases to petitioners filing for inter partes review (IPR) proceedings, are ostensibly meant to cover costs for USPTO operations, Patent Trial and Appeal Board (PTAB) operations and administrative services as the USPTO attempts to achieve strategic goals including backlog reductions and “patent quality enhancements.”… The OMB’s determination of the new fees as a “transfer payment” means that the rule isn’t subject to the requirements of Executive Order 13771, titled Reducing Regulation and Controlling Regulatory Costs and signed on January 30th of this year.

Steve Brachmann

November 20, 2017

Raytheon, Nokia, Ericsson ask Federal Circuit to deny Cray mandamus on denied motion to transfer venue

Raytheon, Nokia and Ericsson all filed briefs with the Federal Circuit encouraging the court to decline the Cray mandamus on a motion to transfer from EDTX… Cray is asking the Federal Circuit to decide two issues: did the Eastern Texas court err in holding that a “regular and established place of business” need not be a physical presence; and did the district court err in determining that the residence of a single work-from-home employee constitutes a “regular and established place of business” of his employer.

Steve Brachmann

August 13, 2017

CAFC OKs Transfer Despite Forum Selection Clause

In a non-precedential opinion issued October 18, 2013, the Federal Circuit decision calls into question the overall utility of forum selection clauses in contractual relationships. In fact, Eli Lilly lost its bid to have its dispute with Genentech and City of Hope heard in the Northern District of California despite having a forum selection clause in the governing contract that stated the parties would litigate any dispute in the Northern District of California.

Gene Quinn

October 20, 2013

Federal Circuit Orders Transfers Verizon out of Eastern Texas

With respect to Verizon et al, the petitioners moved to transfer the case to the Northern District of Texas, Dallas Division, which is approximately 150 miles away from the Eastern District of Texas, Marshall Division. The motion was initially denied by a Magistrate Judge. In his decision, the Magistrate agreed with the petitioners that the Northern District of Texas, Dallas Division would likely be more convenient for the parties and the witnesses, and he even noted that a number of party witnesses resided within 100 miles of Dallas and no witness resided within 100 miles of Marshall, Texas. Let’s let that sit for a moment, shall we? It was determined that the Northern District would be more convenient for the parties and witnesses and that not a single witness lived within 100 miles of the Eastern District of Texas, yet the motion to transfer was denied?

Gene Quinn

March 23, 2011