Legal Opinion
In Re: Micron Technology, Inc.
Court of Appeals for the Federal Circuit
Decided November 15, 2017No. 2017-138PublishedCited by 64 opinions
1Opinion of the Court
ON PETITION
TARANTO, Circuit Judge.
Micron Technology, Inc., petitions for a writ of mandamus to set aside the district court’s denial of Micron’s motion, made pursuant to 28 U.S.C. § 1406(a), to dismiss or to transfer the case for improper venue. The district court held that Micron had waived its venue objection. The court relied on the waiver rule of Federal Rule of Civil Procedure 12(h)(1)(A), which, as relevant here, provides for waiver, based on the incorporated terms of Rule 12(g)(2), when a defendant omits an available venue defense from an initial motion to dismiss. The court concluded…
2Cases cited45 opinions
- Link v. Wabash RailroadSupreme Court of the United States · 1962
- Blonder-Tongue Laboratories, Inc. v. University of Illinois FoundationSupreme Court of the United States · 1971
- Kerr v. United States Dist. Court for Northern Dist. of Cal.Supreme Court of the United States · 1976
- Curtis Publishing Co. v. ButtsSupreme Court of the United States · 1967
- In re Volkswagen of America, Inc.Court of Appeals for the Fifth Circuit · 2008
40 more not listed; retrieve them via the Exa API.
3Cited by64 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
- The Chamberlain Group, Inc. v. Techtronic Industries Co. LtdCourt of Appeals for the Federal Circuit · 2019
- Innovation Ventures, LLC v. Custom Nutrition Labs., LLCCourt of Appeals for the Sixth Circuit · 2018
- Richard Tredinnick v. Jackson National LifeCourt of Appeals for the Fifth Circuit · 2020
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