Gilstrap Avoids Waiver Issue by Granting Convenience Transfer

June 27, 2017

District Judge Rodney Gilstrap has transferred the only active case in the campaign of Opticurrent, LLC from the Eastern District of Texas (2:16-cv-00325) to the Northern District of California (5:17-cv-03597). In late December, the defendant, Power Integrations filed a motion to transfer venue for convenience; when the US Supreme Court decision on patent venue issued in May 2017, Opticurrent notified the court that the decision was not applicable to the pending motion to transfer for convenience and that Power Integrations had waived its right to contest the propriety of venue in the Eastern District because the defendant “did not file a motion alleging improper venue under Federal Rule of Civil Procedure 12(b)(3) with its original answer”. Power Integrations disagreed, arguing that its denial, in the answer, to Opticurrent’s venue allegations, in the complaint, preserved the issue. Judge Gilstrap sidestepped the issue by granting Power Integrations a convenience transfer a couple of days later in a relatively spare order.

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