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jurisdiction/venue
Case is dismissed due to first-filed Texas action naming incorrect affiliate
Remy Inc., et al. v. CIF Licensing, et al., C.A. No. 06-785- (GMS/MPT), June 9, 2008.Thynge, M.J. Defendant’s motion to dismiss due to pending litigation first filed in Texas is granted. Defendants first brought an action in Texas wrongly naming affiliates of Remy. The named Remy...
Court orders limited discovery on stream of commerce theory of jurisdiction
Power Integrations, Inc. v. BCD Semiconductor Corporation, et al., C.A. No. 07-633-JJF-LPS, April 11, 2008.Stark, M.J. Motion to dismiss based on lack of personal jurisdiction is denied and limited discovery on stream of commerce theory of jurisdiction is ordered.Defendants moved to...
Jurisdiction upheld in declaratory judgment action
Samsung Electronics Co., Ltd, et al., v. On Semiconductor Corp., et al., C.A. No. 06-720-JFF, April 3, 2008.Farnan, J. Applying new jurisdictional test adopted by the Supreme Court and recent Federal Circuit case law, the Court finds actual controversy sufficient to warrant declaratory...
Prior existence of nonexclusive licenses is no bar to standing
TV Guide Online, Inc., et al. v. Tribune Media Services, C.A. No. 05-725-SLR/LPS, March 26, 2008. (public version)Stark, M.J. Magistrate recommends that defendant’s motion to dismiss for lack of standing be denied. At least 19 nonexclusive licenses existed before TV Guide obtained...
Licensee lacked standing where patentee, not a party, retained rights to sue
Siemens Medical Solutions USA, Inc. v. Saint-Gobain Ceramics & Plastics, C.A. No. 07-190-SLR, March 7, 2008.Robinson, J. Court conditionally grants motion to dismiss where plaintiff licensee lacked standing unless patentee is joined by date certain.Where plaintiff licensee did not have...
