Dell Pulls Convenience Motion in Favor of a Request to Dismiss for Improper Venue

May 30, 2017

A venue fight in the sole litigation campaign of Cypress Lake Software, Inc. has taken a turn, as Dell has moved to withdraw its motion to transfer venue for convenience in favor of a future motion to dismiss for improper venue now that the TC Heartland decision has issued. Many of the defendants in the campaign had moved to transfer the cases against them to the Western District of Washington, where Microsoft is based, given the central role, so they allege, that Microsoft personnel and documentation would likely play in the litigation even though Microsoft is not itself named as a defendant. In light of TC Heartland, though, Dell asked to withdraw the earlier motion, intending to “file instead a motion to dismiss for improper venue (or to transfer in the alternative) under 28 U.S.C. § 1406(a)”. In its convenience motion, Dell pled that it is a Delaware corporation headquartered in Round Rock (in Texas but outside the Eastern District) that “has no locations, operations, employees, or documents related to computer or tablet products, including the accused products, in this district”.

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