Faced with Improper Venue Motion in Texas, Express Mobile Refiles Case in Illinois

May 26, 2017

Express Mobile, Inc. has filed a second suit against Alpine Consulting (1:17-cv-03815), this time in the Northern District of Illinois, after conceding a venue challenge by that defendant in the Eastern District of Texas. On May 8, Alpine filed a Rule 12 motion to dismiss in the Texas case against it due to improper venue, alleging that it does not “reside” in the Eastern District under the first half of the patent venue statute (28 U.S.C. Section 1400(b)). Two weeks later, on May 22, the US Supreme Court issued its decision in TC Heartland, returning a key portion of the patent venue statue, one that allows infringement suits to be brought where a defendant corporation “resides”, to its prior interpretation: such a defendant “resides” only in its state of incorporation. Later that day, Express Mobile notified the district court that it would not oppose Alpine’s motion (which alleges improper venue even under the previous, broader standard) in light of TC Heartland. As in the Texas case, Alpine is again alleged to infringe two website generation patents (6,546,397; 7,594,168) through its use of an e-commerce platform provided by X Commerce (d/b/a Magento).

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