Automakers Win Expedited Briefing on Motion to Dismiss for Improper Venue in Texas after Notification of Supplemental Authority

May 31, 2017

Last week, three automakers sued by Stragent LLC in May 2016—BMW, Daimler, and Geely (Volvo)—asked an Eastern District of Texas court on an “emergency” basis to stay the cases against them until their motions to dismiss for improper venue have been decided. The defendants also requested that briefing on those motions be expedited because resolution of the threshold issue of venue will effect whether the defendants will have to meet impending patent disclosure deadlines under local rules. Magistrate Judge K. Nicole Mitchell has granted the emergency motion and set an expedited briefing schedule. The defendants’ motion (e.g. BMW’s motion) for improper venue, partly premised on a TC Heartland theory while that case remained on appeal, was filed on April 13. Four days after the US Supreme Court decision, the defendants filed a notice of supplemental authority. Stragent did not oppose the request for expedited treatment.

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