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Transferee Hopefuls—and Their Venue Declarants—Put on Notice in West Texas

April 6, 2023

Late last year, Intel won a severance and transfer, for convenience, of claims that Greenthread, LLC had filed against it in a Western District of Texas complaint that also named Dell as a defendant. Those claims have been litigated since then in the District of Oregon—but Intel only won this transfer after a busy period of venue-related discovery refereed by District Judge Alan D. Albright. In resolving a related motion to compel, that court put would-be transferree defendants on notice of its view that any “defendant who files a transfer motion for convenience opens itself up to the burden of early venue discovery and discards the opportunity to cost-effectively reach the Markman hearing”.


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