Corporate—and Social Media—P’s and Q’s Weighed in West Texas Venue Dispute
Last month, Western District of Texas Judge Alan D. Albright handed down another decision concerning venue, this one expressly holding that one corporate entity, Canon Solutions America (CSA, not a defendant in the litigation), is the alter ego of another, Canon U.S.A., Inc. (CUSA, a defendant), for the purpose of analyzing venue. WSOU Investments, LLC (d/b/a Brazos Licensing and Development) originally sued just Canon, the ultimate Japanese parent, in the two cases (6:20-cv-00980, 6:20-cv-00981), later adding CUSA by second amended complaints. As required by recent orders from the Federal Circuit not to move on to substantive matters while venue motions remain pending, Judge Albright multiple times postponed a Markman hearing, ultimately leading to a February 14, 2022 order on claim construction, entered a few days after a sealed order denying Canon’s motions to transfer. The public version of the latter order has now been filed, revealing Judge Albright’s alter ego analysis.
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