Might the Western District of Texas Become as “Sticky” as the Eastern District?

March 8, 2020

STC.UNM, the intellectual property enforcement arm of the Board of Regents of the University of New Mexico, has added two more Western District of Texas cases to the litigation campaign that it began there last year, first suing TP-Link and then Apple. The new defendants are ASUSTek (6:20-cv-00142) and D-Link (6:20-cv-00143). At issue are the same three asserted data transmission patents, developed by Industrial Technology Research Institute (ITRI), with infringement allegations targeting a long list of products alleged to practice the 802.11ac Wi-Fi standard. The suits come as STC.UNM attempts to defeat a convenience transfer to the Northern District of California in the Apple case, citing a reservation of its “sovereign right to litigate in the forum of its choosing” before engaging on the merits. Apple’s transfer motion followed by only two weeks a failed attempt to have another West Texas suit against it, also before District Judge Alan D. Albright, moved to California.

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