Briefing has completed in a motion to stay filed by Amazon in a Northern District of New York case brought against it by Rensselaer Polytechnic Institute (RPI) and CF Dynamic Advances LLC (a Fortress Investment Group LLC subsidiary). Amazon has asked District Judge Brenda K. Sannes to stop the New York proceedings to await the outcome of a Texas state court action filed to resolve a dispute over the ownership of the asserted patent (as well as several others) between Fortress and prior exclusive licensee Dynamic Advances, LLC, an entity affiliated with Erich Spangenberg. The motion follows Amazon’s answer, filed after denial of the defendant’s motion to dismiss or transfer, in which Judge Sannes hinged venue on the presence of Amazon Lockers in the New York district—not on the presence of Whole Foods stores.
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