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Volume XI, Number 267

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Court Rejects Pre-Litigation Acts to Manipulate Venue

In In re Samsung Elecs Co., No. 2021-139 (Fed. Cir. June 3, 2021),the Federal Circuit granted mandamus, ordering the transfer of pending cases by Ikorongo Tech and Ikorongo Texas against Samsung and LG from the WDTX to the NDCA. The district court denied transfer, holding that the case could not have been brought in the NDCA because Ikorongo Texas was only entitled to enforce its “rights to the patent within the prescribed geographic region” in the WDTX.

The Federal Circuit disagreed, finding this conclusion “erroneous because the district court disregarded the pre-litigation acts by Ikorongo Tech and Ikorongo Texas aimed at manipulating venue.” Ikoronogo Texas was created and assigned targeted geographic rights to the asserted patent only in select Texas counties within the WDTX region in the month before filing suit in the WDTX. The Court found that Ikorongo Texas conducts no other business in the WDTX. Absent such manipulation, the Federal Circuit determined that the case could have been brought in the NDCA, which was found to be more convenient under 28 U.S.C. § 1404(a). The Court thus granted the defendants’ petitions for writs of mandamus, directing the district court to grant the motions to transfer to the NDCA.

© 2021 Finnegan, Henderson, Farabow, Garrett & Dunner, LLPNational Law Review, Volume XI, Number 189
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About this Author

Kara Specht Patent Litigation Attorney Finnegan, Henderson, Farabow, Garrett & Dunner Law Firm Atlanta GA
Associate

Kara Specht focuses on patent litigation before district courts and before the International Trade Commission (ITC). Her practice covers a wide range of electronic and electrical technology areas related to computers, consumer electronics, and computer-implemented business methods.

Kara has experience in all aspects of patent litigation before district courts, the ITC, and the Federal Circuit. Before district court and the ITC, Kara has experience from both a plaintiff and defendant perspective, ranging from pre-filing planning and strategy,...

404 653 6481
Christina Ji-Hye Yang Patent Litigation Attorney Finnegan Law Firm Washington, DC
Associate

Christina Ji-Hye Yang focuses her practice on patent litigation and client counseling in the areas of biotechnology and pharmaceuticals, with particular emphasis on Abbreviated New Drug Application (ANDA) cases.

Christina is involved in all phases of litigation, including pre-litigation analysis, fact discovery, and expert discovery. She also has experience in Section 337 litigation at the International Trade Commission (ITC) and post-grant proceedings at the Patent Trials and Appeals Board (PTAB), including inter partes reviews (IPRs). Christina has also advised clients in...

202-408-4465
Elizabeth Ferrill Patent Attorney Finnegan Law Firm
Partner

Elizabeth Ferrill is an “undisputed expert on design patents” who is “always updated and enlightening others with her deep knowledge,” “very involved in the design bar,” and “gives her clients an outstanding service” as noted in Intellectual Asset Management Patent 1000. She focuses her practice on all aspects of design patents, including prosecution, counseling, post-grant, and litigation.

Elizabeth counsels clients who hold design patents as well as those accused of infringement. She has experience with design patents related to consumer and industrial products, medical...

202 408 4445
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