Legal Opinion
Personal Audio, LLC v. Google, Inc.
District Court, E.D. Texas
Decided December 1, 2017No. CIVIL ACTION No. 1:15-CV-350PublishedCited by 24 opinions
1Opinion of the Court
ORDER RE: GOOGLE’S MOTION TO DISMISS FOR IMPROPER VENUE
Ron Clark, United States District Judge
This case presents two issues underlying resolution of venue disputes under 28 U.S.C. § 1400(b): (1) placement of the burden of proof; and (2) whether venue facts are analyzed as of the date of filing or as of the date that the cause of action accrued. These issues are not strictly “of first impression,” as there are old Circuit Court decisions on point, decided before the creation of the Federal Circuit Court of Appeals. But how these questions are resolved under § 1400(b) has never been squarely…
2Cases cited22 opinions
- Neirbo Co. v. Bethlehem Shipbuilding Corp.Supreme Court of the United States · 1939
- Fourco Glass Co. v. Transmirra Products Corp.Supreme Court of the United States · 1957
- Naartex Consulting Corporation, Russell Huff v. James G. Watt, Secretary of InteriorCourt of Appeals for the D.C. Circuit · 1983
- TC Heartland LLC v. Kraft Foods Group Brands LLCSupreme Court of the United States · 2017
- In Re TS Tech USA Corp.Court of Appeals for the Federal Circuit · 2008
17 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- In Re: Zte (Usa) Inc.Court of Appeals for the Federal Circuit · 2018
- In Re GOOGLE LLCCourt of Appeals for the Federal Circuit · 2020
- Seven Networks, LLC v. Google LLCDistrict Court, E.D. Texas · 2018
- In Re: Google LLCCourt of Appeals for the Federal Circuit · 2019
- AGIS Software Development LLC v. Google LLCDistrict Court, E.D. Texas · 2022
19 more not listed; retrieve them via the Exa API.