STMicro Addresses Potential Waiver in Motion to Dismiss Semcon IP Case under TC Heartland
- May 31, 2017
Two days after the US Supreme Court’s TC Heartland decision, STMicro filed a motion to dismiss the Eastern District of Texas case (2:16-cv-00439) that Semcon IP Inc. brought against it roughly one year ago. STMicro argues that the NPE’s venue pleading—that venue is proper in the Eastern District because STMicro is “subject to personal jurisdiction in this judicial district”, STMicro “regularly conducts business in this judicial district”, and “certain of the acts complained of herein occurred in this judicial district”—is insufficient after TC Heartland. STMicro is a Delaware corporation with principal place of business in Coppell, Texas (in the Northern District), having no “regular and established place of business in the Eastern District” (alleging that it “does not have any offices, employee operations, or any other property in the Eastern District of Texas”). STMicro further notes that it pled improper venue as an affirmative defense in its answer to Semcon IP’s complaint, thus preserving the right to contest venue.
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