The family of late inventor Charles C. Freeny, Jr. has begun fighting to stay in the Eastern District of Texas in the wake of venue challenges in nearly all of its active cases. The day that the US Supreme Court issued its decision in TC Heartland v. Kraft Foods Group Brands (2016-0341), defendant Oki Group (Oki Data) (a Delaware corporation) (2:17-cv-00186) filed a motion to dismiss the case against it due to improper venue, alleging that it does not “reside” in the Eastern District and that it does not have a “regular and established place of business” there. Plaintiffs Bryan E. Freeny, Charles C. Freeny III, and James P. Freeny responded by filing an amended complaint on May 31, alleging proper venue in the Eastern District because Oki allegedly committed “acts of infringement” and has “a regular and established place of business” there. The complaint further pleads that Oki’s contractual relationships with authorized dealers and service providers in the district make those entities Oki’s agents.
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